What’s Included in a Property Settlement in NSW

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, many are surprised by what is counted in their asset pool as part of their property settlement.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is one of the first questions she is asked when a new matter begins. “People are often taken aback when they realise how much can form part of the asset pool,” she explains.

Under family law in New South Wales, the Family Court looks at all assets, regardless of whose name they are in. This includes the family home, investment properties, business interests and shares, all of which make up what is known as the asset pool.

However, it can extend far beyond that. “We have seen everything from timeshare holiday homes to Qantas frequent-flyer points included,” Melody says. “If it has value, it is considered.”

Everything Is Valued at the Date of Settlement

A common misconception, Melody says, is that assets are valued at the date of separation. “In reality, everything is valued at the date of settlement,” she explains. “That can make a significant difference, particularly if property prices, superannuation balances or investments have changed over time.”

This timing is one of the main reasons she encourages people to seek advice early. “Even if you are still working through what separation looks like, it helps to understand the framework you are operating within,” she adds.

What About Inheritances or Gifts?

An inheritance received after separation can still be included in the asset pool, depending on the circumstances. “It is a common area of confusion,” Melody says. “The best approach is to obtain early advice so we can properly assess what is in the pool and how to protect it.”

She also reminds clients that the Court looks at the entire picture, including each person’s contributions and future needs, rather than a simple split of assets. “It is not always fifty–fifty. It is about fairness based on the facts.”

Why Early Legal Advice Matters

Understanding the full scope of your assets from the beginning makes everything that follows smoother. It helps to avoid conflict, set realistic expectations and keep the process transparent.

“Getting legal advice early does not mean things have to become adversarial,” Melody says. “It often has the opposite effect. It gives both people clarity, which reduces uncertainty and emotion.”

While selling is one option, it is not the only one. “There are often creative and practical ways to divide assets that protect both financial stability and family wellbeing,” she explains. “Sometimes that means refinancing so one person can keep the home. Other times it is about structuring things differently. There is usually more than one path.”

A Calm and Structured Approach

At Wallen Family Law, Melody and her team focus on turning what feels complex into a clear and manageable process. “Our table is round,” she says. “We focus on negotiation, mediation and collaboration wherever possible. When court is necessary, we approach it with purpose and strategy.”

Their process is designed to bring clarity from the very first meeting. It begins with an initial consultation on a fixed fee, followed by clear stages of disclosure, negotiation and formalisation through Consent Orders or a Binding Financial Agreement.

“It is about taking a stressful period and transforming it into a structured plan,” Melody says. “So you know where you stand, and what comes next.”

Quick Answers

What counts in the asset pool?
Anything of value is taken into consideration during a property settlement. This includes, but is not limited to, homes, investments, businesses, shares, superannuation, vehicles, savings, and sometimes memberships or loyalty points.

Are assets valued at separation?
No. Assets are not valued on the date of separation or divorce. They are valued at the date of settlement.

Can I keep the family home?
Often yes, if refinancing is possible and affordable.

Do I need a lawyer if we already agree?
Yes. Without formal Consent Orders or a Binding Financial Agreement, your agreement is not legally enforceable.

Can an inheritance after separation be included?
Yes, depending on the circumstances and timing.

From Melody

“If you have recently separated or are planning to, getting advice early can make the entire process calmer and more straightforward. I am always happy to meet for an initial fixed-fee consultation or a free 15-minute consultation so we can map out your options clearly and help you protect what matters most.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law