Property Settlements & Asset Division
Property settlement is often one of the most stressful parts of separation. The process can feel overwhelming, especially when homes, businesses, trusts, or superannuation are involved. At Wallen Family Law, we bring clarity to this process, helping you understand your rights and work towards a fair division of assets.
Our background in both family law and commercial law means we are well equipped to handle complex financial structures, from family companies to investment portfolios. Whether your matter is straightforward or involves significant assets, we provide strategic, practical advice to secure your financial future.
How We Can Help
We provide advice and representation across all areas of property settlements, including:
-
The Family Law Act sets out how property is divided, but it does not use fixed formulas. Instead, the Court considers contributions (financial and non-financial), future needs, and whether the outcome is just and equitable.
We guide you through how these principles apply to your unique situation.
-
A key step is identifying the full asset pool — including property, bank accounts, superannuation, businesses, trusts, and liabilities.
We work with expert valuers, accountants, and financial experts where needed to ensure assets are accurately assessed.
-
Many matters can be resolved without going to court. We assist with negotiations, mediation, and settlement conferences to reach agreements that are practical and fair.
When agreements are reached, we draft consent orders or binding financial agreements to ensure they are legally binding.
-
Where property settlements involve family businesses, trusts, or self-managed super funds, matters can become more complex. Our experience in commercial and family law allows us to untangle these issues with precision, protecting your interests.
-
Superannuation is often one of the largest assets in a property settlement. We provide advice on how superannuation can be valued and split, ensuring fair distribution and compliance with legal requirements.
-
If negotiations fail, we represent you in the Family Court or Federal Circuit Court. We prepare your case strategically, advocate firmly for your rights, and seek to achieve an outcome that protects your financial stability and long-term future.
Common Questions About Property Settlements
-
No. The Court looks at contributions and future needs, not automatic percentages. Each case is assessed on its own facts.
-
You generally have 12 months from the date your divorce becomes final to commence property or spousal maintenance proceedings. If you were in a de facto relationship, you usually have two years from the date of separation.
-
Not always. Many matters are resolved through negotiation, mediation and consent orders without the need for court proceedings.
-
Both parties are legally required to provide full and frank financial disclosure. If assets are hidden, we can undertake relevant searches and work with financial experts to track hidden assets and funds.
Next Steps
If you are facing separation, understanding your property settlement rights early is essential. We provide clear advice, strategic guidance, and options tailored to your circumstances — from negotiation to litigation if required.