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Family Law

Property Settlement

(Updated for 10 June 2025 Law Changes)

Achieving Fair and Equitable Outcomes

When couples separate, whether they were married or in a de facto relationship, they may need to divide their assets and debts. This process is called a property settlement. Dividing property after separation can be complex and stressful, but you don’t have to navigate it alone. At Honest Grace Legal, we provide expert guidance to ensure your financial interests are protected and that the settlement is fair, equitable, and tailored to your unique circumstances.

How Property Settlement Works in Australia

The courts follow a structured process to divide property, guided by the Family Law Act 1975 (FLA). The goal is to ensure the outcome is just and equitable for both parties.

Here’s how the process typically works, along with important new protections for those who have experienced family violence:

1. Family Violence Must Be Considered by Law

2. Family Violence Definition Expanded

3. Economic Impact Must Be Evaluated

4. Applies to New and Ongoing Cases

How Property Settlement Works in Australia

The courts follow a structured process to divide property, guided by the Family Law Act 1975 (FLA). The goal is to ensure the outcome is just and equitable for both parties.

 

Here’s how the process typically works, along with important new protections for those who have experienced family violence:

1. Identify and Value Assets and Liabilities

2. Assess Contributions

3. Consider Future Needs

4. Determine a Just and Equitable Division

NEW: What’s Changing from 10 June 2025?

1. Family Violence Must Be Considered by Law

2. Family Violence Definition Expanded

3. Economic Impact Must Be Evaluated

4. Applies to New and Ongoing Cases

What This Means for You
  • If you’ve experienced family violence, especially financial or economic abuse, this can affect your property settlement.
  • The court must consider what you went through when dividing property fairly.
  • You may be entitled to a larger share or special consideration.

If you’re unsure how these changes apply to your situation or need support gathering evidence of financial abuse, it’s important to speak to our family law team.

Handling Complex Situations

We understand that no two cases are the same. Our team is equipped to manage a wide range of scenarios, including:

Hidden or Mismanaged Assets:

We’ll ensure full financial disclosure and address cases involving reckless use of marital property.

Post-Separation Assets:

Assets acquired after separation but before final settlement may still be considered.

Superannuation Splits:

We’ll guide you through dividing superannuation entitlements as part of your settlement.

Trusts and Third-Party Interests:

Whether it’s a family trust or a third-party claim, we’ll ensure all interests are handled fairly.

Inheritances and Windfalls:

Courts consider how these assets impact contributions and future needs.

Family violence involving financial or economic abuse:

Family violence involving financial or economic abuse (applicable from 10 June 2025), as well as other forms of family violence where a Domestic Violence Order (DVO) is not yet in place.

Why Honest Grace Legal?

At Honest Grace Legal, we combine expertise with care to deliver tailored solutions for every client.

Here’s What Sets Us Apart:

Tailored Advice

We simplify complex legal principles and provide personalised guidance at every step.

Strategic Advocacy

Our team strengthens your position with real advocacy.

Proactive Problem-Solving

We don’t just respond to legal challenges! We anticipate them.

Transparent and Fair Fees

At HGL, we believe in providing clear, upfront information about our fees, so you’ll never face unexpected costs.

Common Questions About Property Settlement

What if my ex-partner hides assets?

Can I claim assets acquired after separation?

What happens to superannuation?

Take the First Step

Property settlement is a crucial step in securing your financial future after separation. Let Honest Grace Legal guide you with clarity, care, and expertise.

Contact us today to discuss your options and start building a brighter future.

Meet Our Family Law Team

Get to know our dedicated legal team, committed to guiding you with expertise and care.

Clement Sham
Managing Director and Chief Strategy Officer

"Winners don’t wait for the perfect moment, they create it with vision and action."

Cheryl Chang
Consultant and Mediator

"To me, success is about continuous growth, pushing boundaries, and creating real value—both professionally and personally. In family law, success isn’t just about winning cases; it’s about guiding clients through some of the most challenging moments of their lives with clarity, empathy, and strategic thinking. It means refining legal expertise, advocating effectively, and crafting solutions that protect families’ best interests while upholding justice. True success comes from maintaining integrity, adaptability, and a reputation for precision and compassion. Ultimately, it’s about lifelong learning and ensuring that every interaction leaves a meaningful impact."

Jaali Bywater
Support Team Leader

"Success is measured by achieving long-term positive outcomes for clients and the trust built with them. It’s about ensuring each step of the process is handled with precision and care, consistently striving for excellence, and making sure clients feel supported and confident in their legal journey. "

Related Services

Divorce & Separation

Spousal Maintenance

Parenting Arrangement

Child Support

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