Property Settlement Lawyers Melbourne

Finalising property matters during divorce and separation with dignity and expertise. Our legal specialists will help you reach a fair resolution efficiently and amicably, if possible.

Expert Advocacy

Efficient Solutions

Compassionate Support

Securing Fair Property Settlements

Achieving fair and equitable property settlements requires adept legal navigation. Our experienced family lawyers specialise in property settlement cases, offering strategic counsel and representation to safeguard your interests. You can rely on us to negotiate on your behalf, ensuring a satisfactory resolution and peace of mind throughout the process.

Free Appointment

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Effective Resolution For Your Property Settlement Matters

Our team at Testart Family Lawyers know how overwhelming it can be to divide assets after a relationship ends. Providing financial statements, valuing assets and deciding whether to sell the family home comes with a lot of paperwork – and a lot of emotion.

Then there is child support, spousal maintenance, tax considerations, and maybe even debts or businesses to divide; there is so much to think about. We will work with you to make sure that everything is taken care of in a fair and just manner, taking into account your current and future financial needs.

Facilitating Amicable, Out-Of-Court Property Settlement, Whenever Possible

Nobody wants to go to court, and that’s why we believe in prioritising out-of-court settlements whenever we can. This means working towards a fair outcome using healthy negotiations, mediation and dispute resolution processes and avoiding litigation unless it’s a last resort.

We stay focused on keeping you informed and making the legal aspects of separation easy for you to manage. We provide clear guidance about your options, obligations and entitlements and prioritise outcomes based in integrity.

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Areas of Practice

Our team is dedicated to providing comprehensive assistance with property settlements following divorce, addressing all related legal matters with expertise and diligence.

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Family Law

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Divorce & Separation

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Children & Custody

family law property settlement

Binding Financial Agreements

family law property settlement

Property Settlement

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Family Violence

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Intervention Orders

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Same Sex Divorce

Excellence & Empathetic Guidance – Every Step Of The Way

Our team of dedicated family law experts is committed to providing you with the compassion and support you need throughout your separation. With our assistance, you’ll have peace of mind knowing that your financial settlement is being resolved efficiently and effectively.

You can trust our team to walk you through the process, offering expert guidance and transparent communication at every turn. Rest assured, we are committed to helping you to make well-informed decisions that prioritise your wellbeing and the financial security of you and your loved ones.

Work With Testart Family Lawyers

At Testart Family Lawyers, we merge legal excellence with compassionate support, helping you finalise property settlement efficiently and fairly. From our first consultation through to reaching a resolution, we’ll take care of you. Reach out today for assistance during this challenging period.

Step 1: Book Your Free Appointment

Contact our team to schedule your initial complimentary appointment.


Step 2: We’ll Create A Strategic Plan

In our first meeting, we’ll listen to the details of your matter and create a strategic plan of action to progress towards a resolution.


Step 3: Engage Us for Expert Guidance

Partner with our team to manage your property settlement, and we’ll handle the rest with professionalism and care.

Book Your Free Appointment

Let Testart Family Lawyers support you during this challenging period. Reach out today to schedule your first meeting at no charge.

Call Us


23 Milton Parade

Malvern VIC 3144

Open Hours - By Appointment

Mon - Fri: 9am - 5pm

Closed Sat - Sun

Frequently Asked Questions

Do I need to have a family law property settlement?

All de facto and married couples need to reach a family law property settlement when the relationship ends. It’s always best to properly finalise a property settlement to ensure that either partner cannot make further claims on each other’s property in future.

When should I have a family law property settlement?

It’s best to complete a property settlement directly after the relationship or marriage ends. If you delay it the court will consider all property owned by both parties at the date proceedings begun, rather than the date the relationship ended.

All property and debt accrued after the separation and before the proceedings began therefore may be considered.

Can I have my property settlement out of court?

Yes it’s possible to have your property settlement out of court, however it’s always best to seek legal advice from a property settlement lawyer for help formalising arrangements.

This can be done by a consent order from the family court or by completing a binding financial agreement.

How can a property settlement lawyer help?

There may be a lot at stake during a property settlement and the law that governs it is complex. An experienced property settlement lawyer can advise you throughout the entire process to maximise your chance of reaching a fair and equitable settlement.

How are assets divided?

The process in Australia that will determine how assets are divided is a 4-stage process, as follows:

1. Identifying the Value of the Asset Pool

The asset pool will be comprised of everything that the parties own. This includes real estate, shares, businesses, cars, boats, tools, jewellery, cash, and assets of trusts. This property will form part of the asset pool.

It does not matter whose name these assets are in. The Family Law Act looks across all legal entities and takes into account everything in which the parties have an interest. Other interests, for example, where the ‘asset’ is not in either party’s name but in which each person has a beneficial interest in the asset (also known as a constructive trust), may also be included. Sometimes, when clients first come to see us, they are worried that the property is ‘not in their name’. However, it is not relevant whose name in which the asset is registered. All the assets are taken into account in the asset pool regardless.

2. Contributions of Each Party

Both financial and non-financial and direct and indirect contributions before, during, and after the relationship are relevant. The law recognises that different parties bring different amounts of money and other assets to a relationship. As a general rule, the longer the parties are together, the less relevant the assets that the parties owned prior to the relationship.

Contributions like looking after the family by raising children and home duties are just as relevant as earning a wage and making direct financial contributions. All these factors will need to be weighed in the balance.

3. Future Needs Adjustments

Adjustments based on the future needs and means of the parties will have a significant impact on how the pool of assets will be divided.
Some factors that the law considers relevant are:

  • a person’s earning capacity compared to the other;
  • a person’s age compared to the other;
  • a person’s health compared to the other;
  • if there are children, who will have primary care of them and to what extent; and
  • a person’s ability to generate an income especially if, taking into account the length of the relationship, one of the parties has sacrificed the opportunity for career advancement or skill development

These are known as the ‘future needs factors’.

4. The Division Must Be ‘Just and Equitable’

The words ‘just and equitable’ have been described by the High Court as being the overriding requirement’ to determine whether to make an order at all and what the order should be, if one is made. In determining whether the order is just and equitable, the court must consider the justice and equity of the outcome, that is, the actual order itself, and not just the underlying percentage distribution of the assets.