You've spent years building something — a family home in Melbourne, a business or company, a family trust, a farm, an investment portfolio, or an SMSF. When a relationship ends, the fear of losing what you've built is real and justified. Without the right advice, you can agree to something early in the process that leaves you financially exposed for years. Or worse — let time limits expire before you've protected your position.
Freemont Family Lawyers helps Melbourne residents with significant assets navigate property settlement with clarity and precision. We understand how each asset class is treated under the Family Law Act — from the family home to complex SMSF structures — and we work with forensic accountants, valuers and financial advisers to build a complete, defensible picture of your position. Our aim is a fair, enforceable outcome that protects your financial future.
We build a complete picture of the asset pool — your contributions over the relationship, your current and future needs, and the other party's position — before we advise on strategy. Nothing is assumed.
We explain the four-step property settlement process in plain English and give you an honest, evidence-based range of likely outcomes for each asset class — so you negotiate from a position of knowledge, not fear.
We pursue the best available outcome through direct negotiation, consent orders, or contested proceedings in the Federal Circuit and Family Court — always protecting your financial future and keeping litigation as a last resort.
We discuss your full asset pool — home, business, trust, super, investments — and outline your likely entitlements and the process ahead.
We guide you through the full and frank financial disclosure required by law — and identify if the other side is falling short of their obligations.
We negotiate directly or through lawyers to reach a fair, enforceable outcome. Where agreement fails, we litigate effectively.
Consent orders or court orders sealed — financial closure and a clear foundation for your future.
Family home, business, trust, farm, SMSF — we understand precisely how each is treated under the Family Law Act and how to protect your share.
We work alongside forensic accountants, business valuers and financial advisers to build a complete, defensible picture of your asset pool.
Strict deadlines apply — 12 months after divorce for married couples, 2 years from separation for de facto couples. We ensure you never miss a critical date.
Melbourne CBD (Level 19, 180 Lonsdale Street) and St Kilda Road (Suite 117, 566 St Kilda Road) — accessible from anywhere in Melbourne.
Not automatically. The family home is one asset in the total pool — it is not divided in isolation, and it is not split 50/50 by default. Whether you retain the home, whether it is sold, or whether one party buys out the other depends on your contributions, your needs, and the overall asset pool. Many clients retain the home by offsetting its value against superannuation or other assets. This is general information only.
Business interests form part of the asset pool. The business is valued (typically by a forensic accountant) using methods such as capitalisation of earnings or net assets. The settlement then accounts for that 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 asset pool, but courts look at economic reality. Where one party effectively controls the trust — as trustee, director of the trustee company, or appointor — the court may treat trust assets as that party's property or adjust the settlement to account for them. Early advice is essential. This is general information only.
Yes. Super is treated as property and can be split by a formal superannuation splitting order. SMSFs add significant complexity — trustee removal, valuing SMSF assets (including direct property), rollover compliance — and require coordinated legal and financial advice. This is general information only.
For married couples, 12 months from the date the divorce order takes effect. For de facto couples, generally 2 years from the date of separation. Missing these deadlines can mean losing your right to claim. Seek advice promptly. This is general information only.
No. Most property settlements are reached by agreement — through negotiation or mediation — and formalised as consent orders without a contested hearing. Court is the last resort. 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