PROPERTY SETTLEMENT LAWYERS IN KIAMA

A property settlement is the process of dividing assets and liabilities between former partners after a marriage or de facto relationship ends. Under the Family Law Act 1975, this applies equally to both heterosexual and same-sex couples. In Kiama, our family lawyers assist clients in working through this process to achieve fair and practical outcomes.

The Family Law Act sets out the framework for determining property settlements. The process involves assessing the overall financial position of each party, identifying what is owned and owed, and weighing up contributions and future needs.

Key factors considered include:

• The property each party owns
• The debts owed by both parties
• Superannuation entitlements
• Contributions made during the relationship, both financial and non-financial (e.g., domestic duties or childcare)
• Future needs, such as the care of children, earning disparities, or health considerations that may require an adjustment to the settlement.

At Kells, our Kiama family law team provides clear and practical advice to help you work through these considerations.

Yes. For married couples, property settlement applications must be filed within 12 months of a divorce order. For de facto couples, the timeframe is two years from the date of separation. Acting promptly gives you the best chance of protecting your interests.

Most property settlements can be resolved without court involvement. In Kiama, we regularly help clients reach agreement through negotiation, mediation, or collaborative law.

If agreement cannot be reached, court proceedings may be required. Although this is generally a last resort, the court has the authority to finalise the division of property where necessary.

The timeframe depends on the complexity of your financial circumstances and how cooperative both parties are.

If agreement has already been reached, our team can formalise it through consent orders or a binding financial agreement. Where matters proceed to court, we will guide you through each step, explain the likely timeframe, and keep you informed of progress throughout.

If discussions stall and the matter moves toward court, our Kiama family lawyers will prepare and file all required documents on your behalf. We will also arrange service to your former partner or their representative. Your ex-partner will then be given a set timeframe to respond with their own paperwork.

If you have already been served with court documents, it is important to bring them to us quickly so we can assess your position and advise you on the next steps.

Yes. Our priority is always to resolve matters through direct negotiation with your former partner and their solicitor before involving the court. You will be kept informed when offers are made or when you may need to consider presenting one yourself. If no agreement is reached, formal proceedings may follow.

Mediation is available both before and during court action. If earlier negotiations do not succeed, the court may direct both parties to attend a private mediation session or a Conciliation Conference overseen by a registrar.

These sessions are designed to encourage both sides to reach a workable agreement. If terms are reached, they can be written up and signed. At a Conciliation Conference, a registrar may formalise the outcome through binding orders. In private mediations, lawyers prepare a document that can be submitted to the court for approval.

Yes. Once the agreement is lodged with the court and approved, it becomes legally enforceable and has the same effect as an order handed down by a judge.

If the matter proceeds to a final hearing, it will be determined by the Family Court or the Federal Circuit Court. Our team in Kiama will represent you throughout, including attending court with you if you are required to give evidence. After reviewing all submissions and evidence, a judge will make a binding decision.

If you are concerned that assets may be sold or accounts accessed without your agreement, it is important to act quickly. If urgent action is needed to safeguard your property or finances, we recommend contacting our Kiama office without delay to arrange an appointment.

Kells offers an initial consultation for $250 with one of our experienced family lawyers. In this meeting, we will review your circumstances and outline the steps we recommend.

You will be provided with a clear cost estimate at the outset. As your matter progresses, we will keep you informed of any changes and explain the fees for each stage. Our aim is to help you manage expenses while reducing unnecessary costs.

We understand separation can feel overwhelming. That is why our Kiama family law team provides regular updates in writing, so you always know the progress of your matter and what the next stage involves.