The fear is real: that you will lose the family home, that your business will be carved up in a way that destroys it, that a family trust you've built over decades will be picked apart, that you will end up with less than your fair share after years of contribution. Melbourne property settlement lawyers at Freemont understand those fears — because we hear them every day. Our job is to replace fear with clarity: an honest picture of your entitlements, a strategy to protect what you've built, and a path to a fair, enforceable outcome.
Property settlement is the legal process of dividing the assets and liabilities of a relationship after it ends. Under the Family Law Act 1975 (Cth), it applies to both married couples and de facto couples. The starting point is the total asset pool — everything owned by either or both parties, regardless of whose name it's in. That includes the family home, investment properties, savings, shares, business interests, family trusts, superannuation and debts.
The law does not split assets 50/50 by default. It applies a four-step process: identify and value the asset pool; assess each party's financial and non-financial contributions over the relationship; consider each party's future needs (including earning capacity, age, health and care of children); and confirm the outcome is just and equitable. The result varies enormously depending on the circumstances of each relationship.
Time limits are critical. For married couples, you generally have 12 months from the date the divorce order takes effect to commence property proceedings. For de facto couples, generally 2 years from separation. Missing these limits can mean losing your right to claim. Do not wait. This is general information only and is not legal advice.
Every asset, liability and financial resource of both parties is identified and valued — family home, investment properties, business interests, trusts, superannuation (including SMSFs), savings and debts. Full financial disclosure is legally required.
The court considers financial contributions (income, inheritance, assets brought in) and non-financial contributions (homemaking, parenting, supporting the other's career, renovations). Neither is automatically more valuable than the other.
The split is adjusted for future needs: income-earning capacity, age and health, care of children, and the standard of living during the relationship. The party with primary child care and lower earning capacity often receives an adjustment.
The proposed division is tested against a broad fairness standard. If agreement is reached, it is formalised as consent orders or a binding financial agreement. If not, the Federal Circuit and Family Court makes orders.
General information only. This is not legal advice — your situation is unique. Contact us for advice specific to your circumstances.
We identify and value every asset — including business interests, family trusts, farms, investment portfolios and SMSFs — working with forensic accountants and valuers where needed.
We give you a realistic, evidence-based range of likely outcomes before you commit to any strategy — so you negotiate with knowledge, not hope.
Where agreement is reached, we draft and file consent orders or binding financial agreements with precision — no ambiguities, no future disputes.
When agreement cannot be reached, we advocate in the Federal Circuit and Family Court, fully prepared, focused on your financial future.
No. Australian family law looks at the total asset pool regardless of whose name assets are registered in — the house in one name, the super in another, the business in a company. All are considered. Both parties' contributions and needs are assessed. This is general information only.
The family home is part of the total asset pool. Options include: one party buys out the other (offsetting the difference against super or other assets); the home is sold and proceeds divided; or one party stays in the home temporarily (e.g., while children are young) before it is sold. The right approach depends on the overall asset pool and each party's needs. This is general information only.
Business interests form part of the asset pool. The business is valued — typically by a forensic accountant using capitalisation of earnings or net asset methods. The settlement accounts for the business value; usually the business-owner retains the business while the other party receives a larger share of the home, super or cash. This is general information only.
Family trust assets don't automatically form part of the pool, but courts look at economic reality. Where one party controls the trust — as trustee, director of the trustee company, or appointor — the court can treat trust assets as that party's property or adjust the overall settlement. Every trust is different; the trust deed and the parties' actual relationship with the trust matter enormously. This is general information only.
Yes. Super is property under the Family Law Act and can be split by a formal superannuation splitting order. SMSFs are significantly more complex — they require coordinated legal and financial advice on trustee structure, asset valuation and rollover compliance. This is general information only.
Both parties have a legal obligation of full and frank financial disclosure. If you suspect non-disclosure — undisclosed bank accounts, undervalued business interests, transfers before separation — legal mechanisms exist to compel disclosure, including subpoenas and third-party notices. Courts take deliberate non-disclosure seriously. This is general information only.
The information on this page is general information only and does not constitute legal advice. Your situation is unique — please contact us for advice specific to your circumstances.
No obligation · Confidential · Mon–Fri 9am–5pm AEST