Property Settlement Lawyers Sydney
Working with our highly experienced Sydney-based property settlement lawyers will help you feel confident in reaching a fair financial agreement after separation occurs.
Get Your First Property Settlement Appointment For Free
Expert Guidance
Property settlements can be difficult for both parties. Our team will help you reach an agreement fairly and equitably.
Protect Your Interests
Without professional help, property orders can be confusing and time-consuming. We take a ‘best interest’ approach to resolve settlement matters.
Objective Support
It’s easy to get lost in emotions when a relationship ends. Our team take a fair and pragmatic approach to property settlement.
Divorce & Separation
Why work with Sydney Law Group?
Divorce & Separation
HOW CAN A PROPERTY SETTLEMENT LAWYER HELP ME?
Every matter is unique, but our Sydney team of property settlement lawyers can provide the right advice for your circumstances. Often, when a marriage or de facto relationship breaks down, it’s likely that a financial settlement will occur. This is often in the form of a binding financial agreement.
Or Call (02) 8819 4399
Customer Feedback
Please pass on my thanks to Jeff and your team with this difficult divorce. I am extremely happy with my new life and have a wonderfull caring man who is so different – thank god.
K.G – Sydney
Our Family Law Services
Financial Matters
Divorce & Financial Assets
During a property settlement, the combined property pool of both parties will be divided. There is no ‘set’ rule for how this is done, which is why it is usually beneficial to obtain legal advice. Financial consent orders may be done at the same time as parenting orders. In some cases, you and your former partner can reach an agreement and have consent orders drawn up to finalise your matter.
In other cases, property matters may be complex, or the parties may be unable to reach an agreement and seek legal representation. Usually, this can be settled out of Court with good negotiations and mediation. There may be times when court proceedings are the only option, and court orders will be made instead of partners reaching an agreement.
Settlement lawyers can help to divide property fairly, whether it’s a family home, investment property or business assets. We invite you to get in touch for a free consultation to discuss your needs and remind both parties to remember that time limits apply after a divorce order is finalised.
Or Call (02) 8819 4399
Working with our divorce lawyers is an easy process
Ending a relationship is hard enough, which is why our team of family law and property settlement lawyers make working together an easy process.
We’ll give you a clear picture of your options and provide transparent costs for all our clients. We can assist with any family law matter you may be facing, and our property settlement lawyers can help you to reach a binding financial agreement.
We’ve worked with many couples and families going through these situations and keep the process as simple and stress-free as possible.
Step #1
FREE Appointment
Get in touch today with our Sydney Law Group team to organise your first appointment, free of charge – with no obligation.
Step #2
Ask Us Anything
Have questions? We’ve got answers, and we are more than happy to help you better understand how the process works.
Step #3
Move Forward With Confidence
We’ll guide you to a resolution so that you can move forward in your life with peace of mind and confidence.
Contact Us
Step #1
Book Your Free Appointment
If you’d like more advice, you can book a free, no-obligation conversation with our Sydney team of specialist property settlement lawyers. They will take you step-by-step initial the process. Get in touch today to see how we can help you.
Or Call (02) 8819 4399
Monday-Friday: 9am-5pm
Saturday & Sunday: By Appointment Only
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Frequently Asked Questions
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What am I entitled to in a property settlement?
There is no rule about the percentage division of property given to parties following separation, and it is a popular myth that everything will be split equally between them.
The law requires the division of assets in a family law property settlement to be just and equitable between the parties. Determining what is just and fair follows a step-by-step process, but first, the Court must be satisfied that it is just and equitable for the Court to divide the assets between the parties.
Step one: What is the net value of the property pool?
Step two: What did each party contribute to the relationship financially and non-financially?
Step three: What are the future needs of each party and any children?
Step four: Is the division arrived at just and equitable for the separating parties?
How do you calculate an asset pool for property settlement in a divorce?
The first step after separation is to gather all of the information to:
- Identify the value of each asset or interest in businesses and trusts;
- Identify any debt attached to each purchase or property interest or trust; and
- Then determine the net worth of the property pool (also referred to as an asset pool).
What is considered an asset or liability in a divorce property settlement?
Property settlements take into account almost anything of value, including:
- Property owned by one or both parties
- Superannuation
- Business interests
- Trust interests
- Jewellery
- Shares
- Antiques and art
- Cars
- Inheritances received
- Cash in bank
- Family pets and animals
What else can be considered during a property settlement process?
Property acquired by a party to a relationship before the relationship commenced and post-separation can be included in a property settlement. Property settlement is not limited to property acquired by the parties during the relationship. Liabilities will also be divided between parties, whether those liabilities are held in both names or one name, such as:
- Debts
- Credit cards
- Loans
- Tax liabilities
- Study-related debts (HECS, Fee Help)
- Stamp duty obligations
- Capital gains tax
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What are financial contributions and non-financial contributions in a marriage or de facto relationship?
During property settlement, the contributions of both parties at all stages of the relationship will be considered.
These contributions and factors include:
- Financial contributions include direct financial contributions such as income, compensation payments, inheritances, assets, superannuation and royalties. Indirect financial contributions include gifts, inheritances, financial assistance, and support provided by family members and are also considered during property settlement.
- Non-financial contributions include parenting, homemaking, managing the household, unpaid renovations and repairs to the home.
What are the future needs of each party and their children?
These are commonly referred to as section 75(2) factors. Put simply, a fair agreement looks at the financial circumstances of both parties and how they will cope financially going forward. This is where the more discretionary aspects of the Family Law Act come into play as we consider things such as:
- The length of the relationship.
- The age and health of each party to the relationship.
- Income and financial resources of each party to the relationship.
- Physical and mental capacity for future employment for each party.
- The carer needs any children in the care of either party.
- The eligibility of either party for any benefits or superannuation.
- If child support or spousal maintenance payments are being paid.
- Any other factors are relevant to ensuring a just and equitable property division between the parties.
Is the division in the property settlement just and equitable?
Ultimately means, is it fair? Is it realistic and achievable in a real dollar sense considering the value of the property pool, the contributions of the parties at the beginning of the relationship, during the relationship and post-separation, and the future needs of each party as assessed in accordance with Section 75(2) of the Family Law Act.