PROPERTY SETTLEMENT LAWYERS IN SHELLHARBOUR

Property settlement refers to dividing assets and debts between former partners after the end of a marriage or de facto relationship. This applies equally to both heterosexual and same-sex couples under the Family Law Act 1975.

The Family Law Act sets out the method for reaching a property settlement. It involves evaluating the financial position of each party, identifying what’s owned and owed, and considering contributions and future needs.

Factors often assessed 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 family law team offers strategic advice to help you work through this process with confidence.

Yes. If you are divorced, you must initiate property settlement proceedings within 12 months of the divorce order. For de facto couples, this timeframe is within two years from the date of separation.

In most cases, disputes can be resolved without court involvement. At Kells, we’ll help you explore practical alternatives such as negotiation, mediation, or collaborative law to reach a workable outcome.

However, if an agreement can’t be reached through these channels, court may be the next step. While this is often a last resort, the court can make decisions to finalise the division of property where necessary.

Timelines vary depending on how cooperative both parties are and the complexity of the assets involved.

If you’ve already agreed on how to divide property, we can assist in formalising that agreement either through consent orders or a binding financial agreement. If the matter proceeds to court, we’ll keep you informed of key steps and provide clear expectations around timing and progress.

If discussions break down and court involvement becomes necessary, we will handle the preparation and filing of all required documents and arrange service to your former partner or their legal representative. Your ex will then have a set period to respond with their own documents.

If you’ve already been served with court paperwork, bring it to us as soon as possible so we can review it and advise you on your next steps.

Yes. We always aim to resolve matters through direct negotiation with your former partner and their solicitor before going to court. You’ll be kept updated when offers are made or when you may need to consider making one. If no agreement is reached, court proceedings may be the next step.

Mediation is available both before and during court proceedings. If earlier negotiations haven’t led to an agreement, the court might direct both parties to attend a private mediation or a Conciliation Conference with a registrar.

These sessions aim to help both parties find common ground. If an agreement is reached, it can be written up and signed. At a Conciliation Conference, the registrar may formalise the outcome through orders. For private mediation, your legal representatives will draft a document that can be submitted to the court.

Yes. Once filed with the court and approved, the agreement becomes legally enforceable and carries the same weight as an order made by a judge.

If the case proceeds to a final hearing, it will be dealt with in the Family Court or Federal Circuit Court. We’ll guide you through every stage, including attending court with you if you’re required to give evidence. After reviewing all information, the judge will issue a binding decision.

If you’re concerned that assets might be sold or funds withdrawn without your consent, it’s important to act quickly. If you believe urgent steps are needed to secure your property or finances, contact us immediately to book a meeting.

Kells offers an initial consultation at a reduced rate of $250 with one of our experienced family lawyers. During this session, we’ll discuss your situation and outline a recommended course of action.

You’ll receive a clear cost estimate at the outset. As your case progresses, we’ll keep you updated on any changes and explain each stage’s fees. Our goal is to help you manage costs while exploring ways to reduce unnecessary expenses.

We know separation can be overwhelming. That’s why we keep you in the loop at every stage. You’ll receive regular written updates so you always know where things stand and what comes next.