Property & Financial

When separating couples cannot agree on how to divide their property and financial affairs, the traditional family law pathway allows each person to have their own independent family lawyer advocating for their individual interests. The focus is generally on reaching an out-of-court property settlement through negotiation, traditional family law mediation and other forms of dispute resolution.

Your family lawyer will advise you about your individual circumstances and legal position, help identify and value the property pool, and negotiate with the other party or their lawyer on your behalf.

If an out-of-court property settlement cannot be reached, your lawyer can guide you through the requirements that generally need to be addressed before commencing court proceedings, including the pre-action procedures for property and financial matters. Where appropriate, this may involve further attempts to resolve the dispute and the exchange of relevant financial information before an application is made to the Federal Circuit and Family Court of Australia.

If the matter remains unresolved, your family lawyer can assist with preparing and filing an application for property and financial orders. The Court may then determine how the parties' property and financial interests should be dealt with, including matters such as real property, businesses, investments, debts and superannuation interests. The Court's approach is guided by the Family Law Act 1975, including the parties' contributions and their future needs, and whether it is just and equitable to make an order altering property interests.

Property and financial matters can become more complex where there are significant assets, businesses, trusts, disputed valuations or substantial financial disclosure requirements. Our family lawyers can help you understand your options, work towards settlement where possible and, where agreement cannot be reached, guide you through the process of seeking property settlement orders through the Australian family law courts.