Family Law
Property Settlement
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
From 10 June 2025, it’s now a mandatory for the court to look at:
- How family violence affected a person’s ability to contribute (financially or non-financially).
- How the violence has impacted their current and future situation (like their health, safety, or ability to earn money).
This applies whether you were married or in a de facto relationship.
2. Family Violence Definition Expanded
The law now includes economic and financial abuse as types of family violence. Examples:
- Controlling your access to bank accounts or money
- Stopping you from working or sabotaging your job
- Forcing you to take on debt you didn’t agree to
Using dowry or gifts to control or threaten
3. Economic Impact Must Be Evaluated
The court must now carefully assess how financial abuse or control has hurt your ability to:
- Contribute to the relationship
- Support yourself after separation
4. Applies to New and Ongoing Cases
These new rules apply to:
- All property settlement applications filed on or after 10 June 2025
- Any ongoing cases where a final hearing hasn’t started yet
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
This includes real estate, superannuation, vehicles, savings, debts, and even financial resources like anticipated inheritances. Full and Frank financial disclosure is required.
2. Assess Contributions
- Financial Contributions: These include money, savings, or property brought into the relationship or earned during it, such as wages, investments, or real estate.
- Non-Financial Contributions: These refer to work done to improve or maintain the family home or assets, like renovations, repairs, or gardening.
- Care Contributions: These cover looking after children, managing household duties, and supporting the family’s daily life.
3. Consider Future Needs
The court evaluates factors such as age, health, earning capacity, and responsibilities for children to ensure fairness.
4. Determine a Just and Equitable Division
After considering the previous steps, the court determines a just and equitable division of property and assets between the parties.
NEW: What’s Changing from 10 June 2025?
1. Family Violence Must Be Considered by Law
From 10 June 2025, it’s now a mandatory for the court to look at:
- How family violence affected a person’s ability to contribute (financially or non-financially).
- How the violence has impacted their current and future situation (like their health, safety, or ability to earn money).
This applies whether you were married or in a de facto relationship.
2. Family Violence Definition Expanded
The law now includes economic and financial abuse as types of family violence. Examples:
- Controlling your access to bank accounts or money
- Stopping you from working or sabotaging your job
- Forcing you to take on debt you didn’t agree to
Using dowry or gifts to control or threaten
3. Economic Impact Must Be Evaluated
The court must now carefully assess how financial abuse or control has hurt your ability to:
- Contribute to the relationship
- Support yourself after separation
4. Applies to New and Ongoing Cases
These new rules apply to:
- All property settlement applications filed on or after 10 June 2025
- Any ongoing cases where a final hearing hasn’t started yet
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?
Courts require full financial disclosure. If assets are hidden, the court may impose penalties or adjust the settlement accordingly.
Can I claim assets acquired after separation?
Yes, assets acquired post-separation but before the final settlement can be included, depending on the circumstances.
What happens to superannuation?
Superannuation is treated as property and can be split as part of the settlement.
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.
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