Property Settlement Lawyer Sutherland Shire
When a relationship ends, dividing assets fairly is one of the biggest concerns. At Wallen Family Law, we guide clients in the Sutherland Shire through property settlements with a practical, resolution-focused approach.
What counts as property in a property settlement?
When a relationship ends, “property” means far more than just the family home. Under the Family Law Act, the property pool usually includes:
Real estate — the home, investment properties
Bank accounts, savings and term deposits
Shares, investments, and cryptocurrency
Superannuation (including self-managed funds)
Vehicles — cars, boats, caravans, motorbikes
Businesses, companies, and trusts
Furniture, jewellery, and personal items
Debts and liabilities — mortgages, credit cards, personal loans
To divide property fairly, both parties must make full and frank financial disclosure. This means exchanging documents that show your financial position, such as:
Recent bank statements
Superannuation balances
Payslips and tax returns
Loan and mortgage statements
Company or trust records (if applicable)
Financial disclosure is critical because it ensures the asset pool is identified correctly. Without it, negotiations and settlements may be based on incomplete or misleading information, which could lead to disputes later.
How property settlements are decided
The Federal Circuit and Family Court of Australia uses a structured four-step process when considering property settlements:
Step 1 – Identify and value the property pool
This includes all assets, liabilities, and superannuation, whether held jointly, individually, or through companies and trusts.
Step 2 – Assess contributions
The Court looks at both financial and non-financial contributions, including:
Income and property brought into the relationship
Wages and financial support during the relationship
Homemaking and parenting contributions
Improvements to property or businesses
Gifts or inheritances received by one of the parties
Step 3 – Consider future needs
Adjustments may be made for factors like:
Who has primary care of children
Age and health of each party
Earning capacity and financial resources
Any other relevant circumstances
Step 4 – Decide what is “just and equitable”
Finally, the Court checks that the overall outcome is fair in all the circumstances. The aim is not to divide everything 50/50, but to reach a settlement that reflects contributions and future needs.
Why formalise your property settlement
Without Consent Orders or a Binding Financial Agreement:
Either party can potentially make a future claim on assets
You may lose access to stamp duty or transfer tax concessions
Read our Article on Why You Should Not Delay Your Property Settlement.
Next Steps
Talk to Wallen Family Law about a fixed-fee property settlement. Protect your assets and move forward with certainty.
You may also find these links helpful:
Property settlements often involve related issues such as Spousal Maintenance, Superannuation Splitting, and Consent Orders.
We offer Fixed Fee Property Settlement packages and assist eligible clients through Legal Aid.
You may also find our article helpful — Property Prices and the Family Court: The Consequences of Delays on Valuations.