Child Support
Clear advice. Strategic guidance. A fair path forward
Practical Advice for Property & Financial Settlements
Property and financial matters following separation can be complex. Our experienced family lawyers provide clear, practical advice to help you understand your rights, protect your interests and reach a fair financial outcome.
We assist with everything from straightforward property settlements to more complex matters involving businesses, investments, superannuation and significant assets.
What Is a Property Settlement?
A property settlement determines how assets, liabilities and financial interests are divided following separation or divorce. This may include the family home, investments, businesses, superannuation and other financial interests.
Our team can help you understand what may be considered, your legal options, and the steps involved in reaching a fair and practical outcome.
What We Can Help With
We provide advice and representation across all aspects of property and financial settlements, including homes, investments, businesses, superannuation, debts and other financial interests.
Let’s Discuss Your Legal Matter
Speak with our experienced family lawyers for clear, practical advice tailored to your circumstances.
Book Consultation
or call us on 03 5221 7844
Key Areas We Assist With
Property & Asset Division
Helping you identify, value and fairly divide property and other assets.
Superannuation
Providing advice on how superannuation interests may be considered in your settlement.
Business & Investment Assets
Assisting with complex financial interests, including businesses, shares and investments.
Financial Liabilities
Considering mortgages, loans and other debts when determining your financial position.
Consent Orders
Helping formalise your agreement and provide greater certainty for the future.
Why Families Choose Cahill Family Lawyers for Property Matters
01
Trusted in Geelong Since 2006
Helping you identify, value and fairly divide property and other assets.
02
Legal & Conveyancing Expertise Under One Roof
Providing advice on how superannuation interests may be considered in your settlement.
03
Experience Across Every Property Type
Assisting with complex financial interests, including businesses, shares and investments.
Need help with legal issues?
Property & Financial Settlement FAQs
How is property divided after separation?
Property is not necessarily divided equally after separation. The outcome depends on your individual circumstances, including each party’s financial and non-financial contributions, future needs, income, liabilities, and other relevant factors. Our family lawyers can assess your situation and provide clear advice on your rights and options.
What assets and liabilities are included in a property settlement?
A property settlement generally considers the full financial position of both parties, including assets, liabilities and financial resources. This may include the family home and other real estate, bank accounts, vehicles, investments, businesses, shares, trusts, personal property and debts such as mortgages and loans. The specific assets and liabilities considered will depend on the circumstances of your relationship and financial position.
Is superannuation included in a property settlement?
Yes. Superannuation is generally considered as part of the property settlement process. It is treated as property for family law purposes and, where appropriate, arrangements can be made to split superannuation interests between the parties. The type and value of the superannuation interest, as well as the circumstances of each party, will be relevant when determining how it should be dealt with.
Can we reach a property settlement agreement without going to court?
Yes. Many property settlement matters can be resolved without commencing court proceedings. Cahill Family Lawyers can assist with negotiation, mediation and documenting an agreement. If an agreement is reached, it is important that it is properly formalised, such as through appropriate Court Orders, to help protect both parties and provide certainty about the settlement.
How long does a property settlement take?
There is no fixed timeframe for a property settlement. The time required depends on factors such as the complexity of the asset pool, the level of financial disclosure required, whether the parties agree on the division of property and whether negotiations or mediation are necessary. Straightforward matters may be resolved relatively quickly, while complex disputes involving businesses, trusts or significant assets can take considerably longer.
What happens if my former partner and I cannot agree?
If you and your former partner cannot reach an agreement through negotiation or mediation, court proceedings may be necessary. Cahill Family Lawyers can advise you about your options, assist with negotiations and represent you if the matter proceeds to court. The aim is to achieve a practical and fair resolution while protecting your legal and financial interests.
How are businesses and investments considered in a property settlement?
Businesses, company interests, investments and trusts can form part of the financial pool considered in a property settlement. Their value and ownership structure may need to be carefully assessed, including any interests held directly or indirectly by either party. Where financial matters are complex, specialist advice and appropriate valuations may be required to determine the value of the relevant interests and how they should be treated in the overall settlement.