Property Settlement Lawyers Melbourne
Finalising property matters during divorce and separation with dignity and expertise. Our team will help you reach a fair resolution efficiently and amicably, if possible.
Mediation-First Approach
Led By Former Barrister Marc Testart
Free Introductory Session
Securing Fair Property Settlements
Achieving fair and equitable property settlements requires adept legal navigation. Our experienced team at Testart Lawyers specialise in property settlement matters, 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.
Book a Free Introductory Session
How Property Is Divided After Separation in Australia
If you have separated and are trying to work out what happens to the house, superannuation and debts, the honest starting point is this: there is no formula. Australian law does not presume property will be divided in half, or that it belongs to whoever holds the title. Instead, the law considers what you own and owe, each person’s financial and non-financial contributions, each person’s current and future circumstances, and whether the proposed division is just and equitable. Superannuation can be split as part of a property settlement, and homemaking and parenting are recognised as contributions alongside earning an income.
Time matters. If you are divorced, you generally have twelve months from the date the divorce takes effect to apply to the court for a property settlement. For a de facto relationship, the time limit is generally two years from the date it ended. After that, you need the court’s permission to apply.
An agreement is not binding simply because it is written down and signed. It must be formalised through consent orders or a financial agreement that meets the legal requirements. We can help you to organise these once you’ve agreed on a split. Learn more about how property is divided in Australia.
Facilitating Amicable, Out-Of-Court Property Settlement, Whenever Possible
Nobody wants to go to court. 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 the 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.
What’s The Starting Point For Property Settlement?
"If you have separated and you are trying to work out what happens to the house, the superannuation and the debts, the honest starting point is this: there is no formula"
Marc Testart - Principal, Testart Family Lawyers
Understanding The Four-Step Approach
The approach set out in Hickey v Hickey and the Attorney-General for the Commonwealth (Intervener) [2003] FamCA 395 remains the established method for resolving property matters, qualified by the High Court’s decision in Stanford. The 2024 amendments retain this approach in substance:
- Identify and value the asset pool, including liabilities, superannuation interests and financial resources.
- Assess each party’s contributions under s 79(4), including financial and non-financial contributions and contributions as homemaker and parent, taking into account the effect of family violence.
- Consider each party’s current and future circumstances under s 79(5) (or s 90SM(5) for de facto relationships), including income, earning capacity, age, health, care of children, housing needs, liabilities and wastage.
- Determine whether the proposed division is just and equitable in all the circumstances.
The fourth step is fundamental. In Stanford v Stanford [2012] HCA 52, the High Court confirmed that a court must first be satisfied that an alteration of property interests is just and equitable. Separation alone does not automatically justify changing those interests. This principle is reflected in the structure of s 79.
Areas of Practice
Our team is dedicated to providing comprehensive assistance with property settlements following divorce and de facto separations, addressing all related legal matters with expertise and diligence.
Family Law
Divorce
De Facto Couples
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Separation Lawyers
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 a Free Introductory Session
Book in your Free Introductory Session. We get to know you and your story.
Step 2: Book a Strategy Session
Sit down with one of our experienced property settlement lawyers and we’ll design a specific case plan tailored to your individual needs.
Step 3: Engage Us As Your Guide
Partner with our team to manage your property settlement, and we'll handle the rest with professionalism and care.
Book a Free Introductory Session
Let Testart Family Lawyers support you during this challenging period. Reach out today to schedule your free introductory appointment.
Address
Level 3/489 Toorak Road
Toorak VIC 3142
Open Hours - By Appointment
Monday-Friday: 9am-5pm
Weekends: Closed
Frequently Asked Questions
Is everything divided fifty-fifty?
No. There is no presumption of equal division in Australian law. An equal division is a common outcome in long relationships where contributions and future needs are broadly comparable, but it is a result, not a starting point.
Do I have to go to court?
Usually not. Most matters are resolved by agreement and then formalised, either by consent orders or by a financial agreement. Filing consent orders is an administrative step and does not require you to attend a hearing.
Is superannuation included?
Yes. Superannuation is property for the purposes of the Family Law Act and can be split between the parties under Part VIIIB. It is frequently the largest asset after the family home.
Does it matter who left, or whose fault the separation was?
Not in itself. Australia has no-fault divorce, and blame for the breakdown of the relationship is not a factor in property division. Family violence is different: since 10 June 2025 the Act expressly requires a court to consider its effect on a party’s ability to contribute and on their future circumstances.
Can I stay in the house?
Occupation of the home in the period before settlement is a separate question from who ultimately keeps it. Either party can seek an order for sole occupation, and the court weighs the needs of the parties and any children. It is not decided by whose name is on the title.
What if my former partner will not disclose their finances?
The duty of disclosure is axiomatic. Where it is not met, orders can be sought compelling disclosure, adverse inferences may be drawn about undisclosed assets, and costs consequences can follow. Non-disclosure is also a ground on which a completed settlement can later be set aside.
We have already agreed. Do we still need to formalise it?
Yes, if you want the agreement to be binding. An informal agreement, even a written and signed one, does not prevent either party from later applying to the court. Formalising it also gives access to the stamp duty and capital gains tax rollover relief that an informal arrangement might not.
How long do I have to bring a claim?
Twelve months from the date a divorce order takes effect, or two years from the end of a de facto relationship. Outside those periods you need the court’s leave, which requires establishing hardship. If you are approaching either deadline, get advice promptly.
How long does a property settlement take?
Most matters settle by agreement. Court is the fallback when agreement can't be reached, not the starting point.
|
Stage |
What happens |
Timeframe |
|
Advice |
We assess the likely asset pool and give you a realistic range of outcomes. |
1–2 weeks |
|
Disclosure |
Both parties share financial documents. This duty continues until the matter is finalised. |
2–4 weeks, or longer for complex finances |
|
Valuations |
Independent valuers assess property, businesses and complex super interests. |
4–8 weeks, alongside disclosure |
|
Negotiation |
Offers are exchanged, often through mediation or a round-table conference. |
2–8 weeks |
|
Finalising |
The agreement is made binding through consent orders or a financial agreement. |
2–6 weeks, plus court processing for consent orders |
|
Court (if needed) |
Proceedings are filed in the Federal Circuit and Family Court. |
Usually 12–24 months to final hearing |
What actually drives the cost of property settlement?
The single largest cost driver is not the size of the asset pool. It is how contested the first step is. A matter with a house, two superannuation accounts and full disclosure is comparatively economical however large the numbers. A matter with a family trust, a private company, a self-managed fund and a party who discloses reluctantly is expensive because every figure has to be established rather than accepted.
So, what drives the costs?:
- The number of valuations required, and whether they are jointly instructed or duplicated.
- Whether disclosure is provided or has to be compelled.
- Whether a defined benefit interest requires actuarial calculation.
- Whether the other party is legally represented - an unrepresented party frequently increases cost rather than reducing it.
- Whether the matter can be resolved at mediation. Mediation is almost always cheaper than the alternative, even when it fails.
We provide written costs disclosure before we act, and we will tell you at the outset if we think the likely legal cost is disproportionate to what is in dispute.