Property Settlement Lawyers Melbourne

Separating from a partner can be overwhelming — and dividing property is often the most stressful part. Without the right legal advice, you risk losing what’s fair, facing costly delays, or ending up in drawn-out disputes.

Property Settlement by Shamac Lawyers

Whether you’re dealing with a modest asset pool or complex arrangements involving businesses, trusts, and overseas property, our experienced team provides clear advice, strong representation, and practical strategies tailored to your situation

Understand your rights

Our experienced property settlement lawyers guide you through the process, ensuring you understand your rights and entitlements.

Protect your assets

Our skilled property settlement lawyers help protect your assets, ensuring they are safeguarded and interests remain.

Fair, Peaceful Resolution

Our skilled property settlement lawyers work to secure a fair resolution, helping you avoid disputes and excessive costs.

What Is a Property Settlement?

A property settlement is the legal process of dividing assets, liabilities, and financial resources between separating couples — whether married or de facto — under the Family Law Act 1975 (Cth).

Contrary to popular belief, it’s not always a 50/50 split. The Court considers:

The Four-Step Process in Property Settlements

Whether through negotiation, mediation, or the Court, the process follows four key steps as outlined by the Federal Circuit and Family Court of Australia – property division process:

Identify & Value the Asset Pool

Full Disclosure: Both parties must disclose all assets, debts, superannuation, and financial resources — whether owned individually, jointly, or with third parties.

Assets: Real estate, bank accounts, shares, vehicles, businesses, investments, personal property.
Liabilities: Mortgages, loans, credit card debt, tax liabilities.
Valuations: Agreed values are ideal; otherwise, formal valuations are arranged.

Assess Contributions

Financial: Income, property purchases, inheritances, gifts.
Non-Financial: Renovations, homemaking, child care, supporting a partner’s career.
Evidence: We help prepare a timeline of contributions backed by documents such as receipts, bank records, and correspondence.

Consider Future Needs

Age, health, income potential, parenting responsibilities and child support obligations, and financial resources.
Designed to ensure both parties can meet their future living expenses and obligations.

Just & Equitable Division

The proposed settlement must be fair in all the circumstances.
Our role is to negotiate the best possible terms or present a strong case in Court if needed.

Recent Family Law Reforms – Why This Matters Now

Acting early — and with the right legal guidance — is now more important than ever. The 2024–25 reforms to the Family Law Act have made two major changes:

Stricter disclosure obligations – hiding assets or failing to provide financial documents can lead to cost penalties and the reopening of your settlement.

Greater emphasis on dispute resolution – the Court now requires genuine attempts at negotiation before a matter proceeds to trial.

Our Property Settlement Services

We assist clients across Melbourne and Victoria with:

Avoiding Court – Out-of-Court Options

Many property settlements can be resolved without litigation, saving you time, money, and stress. We use:

Time Limits You Need to Know

Miss these deadlines and you’ll need Court permission to proceed, which can be costly and uncertain.

Why Choose Shamac Lawyers?

At Shamac Lawyers, we offer guidance, results, and tailored strategies, ensuring clear communication and strong representation in every property settlement case.

Experienced in Property

Our team handles small and large property settlements, including complex financial matters, with precision and expertise.

Proven Track Record Success

We have a proven track record of achieving outcomes, delivering solutions through skill and strategic representation.

Effective Strategies Tailored

We carefully develop tailored strategies that reflect your goals, ensuring every step supports the best possible outcome.

Negotiation and Court Advocacy

We provide strong advocacy in negotiations and court to protect your interests and achieve outcomes.

Clear Communication

We ensure clear communication throughout your case, keeping you informed and confident every step of the way.

Common Mistakes to Avoid in Property Settlements

Property settlements can be complex, and even small missteps can have big consequences. Here are some of the most common mistakes we see — and how our Property Settlement Lawyers in Melbourne help you avoid them:

Not Getting Legal Advice Early

Many people try to “work it out themselves” to save money, only to end up with an unfair or unenforceable agreement. Getting advice early can actually save you time, stress, and costs in the long run.

Failing to Make the Agreement Legally Binding

An informal agreement — even in writing — won’t necessarily protect you if your ex changes their mind. You need either Consent Orders or a Binding Financial Agreement to ensure enforceability.

Missing the Time Limits

If you were married, you must apply within 12 months of your divorce. For de facto relationships, you have 2 years from separation. Miss the deadline, and you’ll need special Court permission to proceed.

Incomplete or Dishonest Financial Disclosure

Full and frank disclosure is a legal requirement. Failing to declare all assets — including superannuation, business interests, or overseas property — can lead to penalties, legal costs, and even the reopening of your settlement.

Overlooking Superannuation

Superannuation is often one of the largest assets in a relationship, but it’s frequently undervalued or ignored. We ensure it’s accurately assessed and included in the settlement.

Ignoring Future Needs

Property settlement isn’t just about dividing what you have now. The Court also considers factors like your age, health, earning capacity, and child care responsibilities. Ignoring these can result in an unfair outcome.

Relying on Outdated or Inaccurate Valuations

Market conditions change quickly. Using old or unsupported valuations can skew the division of assets. We work with trusted valuers to ensure the figures are current and accurate.

Allowing Assets to Be Sold or Transferred Before Settlement

If you suspect your ex may sell or transfer assets, urgent legal action — such as an injunction — may be needed to protect your rights.

Frequently Asked Questions – Property Settlement Lawyer Melbourne

How long does a property settlement take?

Yes — under the Family Law Act, de facto couples have similar rights to married couples for property settlement, provided certain relationship criteria are met.

Do de facto couples have the same property rights as married couples?

Unfortunately, some people try to be sneaky when it comes to property division. If you suspect your ex is hiding assets, you have legal options. Financial records, tax returns, and business documents can be reviewed to uncover any undeclared income or hidden property. In serious cases, court orders and forensic accountants may be needed to track down missing assets. A financial agreement lawyer can help make sure everything is disclosed properly so that your settlement is fair. If you have concerns, don’t wait—getting legal advice early can prevent major issues later.

What if my ex is hiding assets?

We can apply legal tools such as subpoenas, forensic accounting, and disclosure orders to uncover hidden assets. Failure to disclose can have serious legal consequences.

Can we reach an agreement without going to Court?

Absolutely. Most settlements are finalised through mediation or negotiation, then formalised via a Binding Financial Agreement or Consent Orders.

Is property always split 50/50?

No — the division depends on contributions, future needs, and overall fairness. Many settlements are not an even split.

What happens if we already have a financial agreement?

If valid, a Binding Financial Agreement can set out how assets are divided. We can review the agreement to confirm its enforceability and advise on next steps.

Protect Your Assets. Secure Your Financial Future.

Our experienced team ensures a smooth, stress-free process from contract review to settlement. Get professional legal support every step of the way. Start your journey today.