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Property Settlement

Lawyers Melbourne

Fair property settlements require identifying the full asset pool, proper valuations, and strong evidence. We negotiate hard—and litigate when necessary.

Your Financial Future Depends on This

What's at Stake

Your Financial Future Depends on This

Your home. Superannuation. Business interests. Savings. Debts. Property settlements determine your financial position for years to come.

Getting it wrong now can cost you hundreds of thousands of dollars.

Most people don't realise:

  • There's no automatic 50/50 split in Australia
  • Courts follow a 4-step process considering contributions and future needs
  • Hidden assets and incomplete disclosure are common
  • Business valuations and superannuation splitting are complex
  • Time limits apply (12 months after divorce, 2 years after de facto separation)

Results depend on evidence.

We run disclosure tightly, insist on proper valuations, and expose gaps.

our process

How Property Is Divided in Australia

1

Identify & Value the Asset Pool

Everything gets included:

  • Real estate (family home, investment properties)
  • Superannuation
  • Businesses and company interests
  • Savings, investments, shares
  • Vehicles, personal assets
  • Debts (mortgages, loans, credit cards)

We gather full financial disclosure and identify hidden or undisclosed assets.

2

Assess Contributions

Courts consider:

  • Financial contributions: Who earned income, paid deposits, made mortgage payments
  • Non-financial contributions: Homemaking, renovations, managing household
  • Parenting contributions: Primary carer role, sacrificed career for children

Homemaker and parenting contributions are valued equally with financial contributions.

3

Consider Future Needs

Courts assess:

  • Age and health
  • Income earning capacity
  • Care of children under 18
  • Financial resources and future prospects
  • Example: A parent with primary care of young children and limited career prospects may receive a greater share to meet future needs.
4

Determine If Just & Equitable

The final split must be fair considering all factors. Most property settlements range 40/60 to 60/40 depending on circumstances.

  • There's no formula. Each case depends on length of relationship, contributions, and future needs.
Common Disputes We Handle

Complex Property Issues

Hidden Assets & Undisclosed Income

Spouse hiding money? Undisclosed business income? Offshore accounts? We identify discrepancies, demand proper disclosure, and use legal mechanisms to uncover hidden assets.

Business Valuations & Disputes over

Family businesses require expert valuation. We engage qualified business valuers and ensure accurate assessments. Goodwill, future earning capacity, passive vs active business interests.

Superannuation Splitting

Superannuation is treated as property and can be split between parties.

We handle:

  • Valuation of super interests
  • Superannuation splitting orders
  • SMSFs and defined benefit funds

Timing & Deadlines

Time Limits Apply—Act Now

  • 1

    Married couples:

    12 months from divorce finalisation

    De facto couples:

    2 years from separation

    Married couples:
  • 2

    Miss these deadlines and you lose your right to claim property division.

    Miss these deadlines and you lose your right to claim property division.
  • 3

    Strategy matters:

    Some situations require urgent applications before deadlines expire. Others benefit from waiting for strategic reasons.

    Strategy matters:
  • 4

    We advise on timing based on your specific circumstances.

    We advise on timing based on your specific circumstances.
property settlement

Frequently Asked Questions

Why DSA Law for Property Settlements

Why choose us

Why DSA Law for Property Settlements

Results depend on evidence. We run disclosure tightly, insist on proper valuations, and expose gaps.

What we do:

  • Understand complex structures: companies, trusts, SMSFs, tax issues
  • Design proposals that make commercial sense and are legally sound
  • Default to settlement by consent (preserve value, save time/money)
  • Prepare as if going to trial (improves negotiations, reduces risk)
  • Explain ranges, trade-offs, and cost of delay

Clients rely on us to protect what they built. We deliver clear strategy, disciplined execution, and outcomes that hold.

Protect What You Built

Don't accept an unfair property settlement. Get expert advice on your entitlements, realistic outcomes, and strategic options.

Melbourne CBD | Mornington We fight for fair outcomes.

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