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    We picked the most highly specialised and talented lawyers

    Our family lawyers have extensive experience in all aspects of family law and understand how to get you what you need. We won’t leave your side throughout the entire process, giving you guidance while always acting in your best interests.

    Stuart Robertson

    Associate Director

    Daniel Rod

    Special Counsel

    Tim Russell

    Senior Associate

    Anthony Quinn

    Associate

    Zoe Hayes

    Lawyer

    Vision Lewis

    Senior Paralegal

    Our process

    01Initial consultation and strategy

    We begin by understanding your relationship history, financial situation, and goals. This helps us develop a tailored strategy for your property settlement.


    02Disclosure and valuation

    Both parties must provide full and frank disclosure of assets and liabilities. We assist in gathering documentation and, where needed, arrange valuations for property, businesses, or superannuation.


    03Negotiation and mediation

    We aim to resolve matters amicably through negotiation or mediation. Our lawyers advocate for your interests while seeking practical, sustainable outcomes.


    04Formalising the agreement

    Once an agreement is reached, we formalise it through Consent Orders or Binding Financial Agreements, ensuring it’s legally enforceable and protects your future.


    05Court representation (if needed)

    If negotiation fails, we represent you in court proceedings with clarity and strength. We prepare thoroughly and advocate for a fair division based on your contributions and needs.


    Our services

    01 Division of Real Estate

    Understanding Property Division

    Real estate is often the most significant asset in a relationship. Whether it’s the family home, investment properties, or jointly owned land, determining how these assets are divided requires careful legal and financial consideration. At Chamberlains, we help clients assess ownership structures, contributions, and future housing needs to reach fair and practical outcomes.

    We assist with valuations, refinancing options, and transfer arrangements, and we ensure that any division aligns with broader settlement goals, especially when children’s housing stability is a factor.

    Supporting Stability After Separation

    This service is essential for separating couples who own property together, whether in one name or jointly. We help individuals retain or exit property ownership with minimal disruption, ensuring that the outcome supports long-term financial independence and family continuity.

    Navigating Complex Financial Structures

    Family law property settlements often involve business assets, company shares, or discretionary trusts. These structures require specialised legal expertise to value, divide, or protect. At Chamberlains, we work with forensic accountants and financial advisors to ensure transparency and fairness in settlements involving commercial interests.

    We also assess control rights, income streams, and succession planning to ensure that business continuity is preserved where needed, and that settlements reflect true economic value.

    Protecting Entrepreneurial Legacies

    This service is ideal for professionals, entrepreneurs, and families with intergenerational wealth. Whether you’re safeguarding a business you built or seeking a fair share of joint ventures, we help you navigate ownership complexities and secure outcomes that respect both parties’ contributions.

    Treating Super as Property

    Superannuation is treated as property under the Family Law Act and can be split between parties during settlement. At Chamberlains, we help clients calculate entitlements, prepare splitting orders, and liaise with fund administrators to ensure compliance and accuracy.

    We also advise on tax implications, timing of access, and how super interacts with other assets in the overall division, especially in cases involving defined benefit schemes or self-managed super funds.

    Planning for Retirement Fairly

    This service benefits anyone with significant superannuation balances or unequal retirement savings. We ensure that super is properly valued and fairly considered, helping both parties maintain financial security into retirement.

    Dividing Liabilities Fairly

    Property settlements aren’t just about assets, they also involve debts. From mortgages and credit cards to personal loans and tax liabilities, we help clients assess who incurred the debt, who benefited, and how it should be allocated. Our goal is to ensure that debt division is fair, transparent, and sustainable.

    We also assist in negotiating debt restructuring, refinancing, and indemnity clauses to protect clients from future liability or credit damage.

    Avoiding Future Financial Strain

    This service is critical for couples with shared or disputed liabilities. We help individuals exit financial entanglements cleanly, avoid unfair burdens, and protect their credit standing as they rebuild post-separation.

    Prioritising Family Needs

    When children are involved, property settlements must reflect caregiving responsibilities and future financial needs. At Chamberlains, we help clients structure settlements that support stable housing, educational continuity, and long-term wellbeing for children.

    We consider parenting arrangements, school zones, and the cost of raising children when advising on asset division, ensuring that the settlement supports the child’s best interests.

    Creating Security for Children

    This service is especially important for primary caregivers or parents seeking to retain the family home. We advocate for arrangements that prioritise children’s stability and ensure that financial decisions reflect the realities of parenting.

    Formalising the Outcome

    Once a property settlement is agreed upon, it must be formalised to be legally binding. At Chamberlains, we prepare Consent Orders for court approval or draft Binding Financial Agreements that reflect the terms of your settlement. We ensure every document is clear, enforceable, and tailored to your situation.

    We also advise on the pros and cons of each method, helping you choose the right legal instrument based on your goals, urgency, and level of cooperation with the other party.

    Securing Peace of Mind

    This service benefits anyone finalising a property settlement, whether through negotiation, mediation, or court. We provide peace of mind by ensuring your agreement is properly documented, legally secure, and built to last.

    Why Choose Us for Property Settlements?

    Property settlements are a crucial part of finalising a separation or divorce. They determine how assets, debts, and financial resources are divided between parties, and the outcome can shape your financial future. At Chamberlains, we approach property settlements with clarity, compassion, and strategic insight.

    We understand that every relationship is different, and so is every financial arrangement. Whether you’re negotiating a settlement privately or through the courts, our team ensures your entitlements are protected and your obligations are clearly understood. We aim to resolve matters efficiently and fairly, so you can move forward with confidence.

    Things You Should Know

    • Time Limits Apply: You must apply for a property settlement within 12 months of divorce or two years from the end of a de facto relationship.
    • All Assets Count: Property settlements include all assets, homes, vehicles, savings, superannuation, businesses, and even inheritances.
    • Contributions Matter: Both financial and non-financial contributions (like homemaking or parenting) are considered.
    • Future Needs Are Relevant: Age, health, earning capacity, and caregiving responsibilities influence the outcome.
    • Court Isn’t Always Necessary: Many settlements are resolved through negotiation or mediation without going to court.

    Navigating the Full Spectrum of Asset Division

    Property settlements in family law are rarely straightforward. They involve more than just dividing the family home—they require a careful assessment of all assets, liabilities, and financial structures built during the relationship. At Chamberlains, we offer a comprehensive suite of services to ensure every aspect of your financial life is considered, valued, and fairly resolved.

    Whether you’re dealing with real estate, business interests, superannuation, or shared debts, our team provides strategic guidance tailored to your unique circumstances. We understand that property settlements are not just legal transactions, they’re life transitions. That’s why we approach each case with empathy, precision, and a commitment to securing your financial future.

    Prepare for Your Next Step

    Finalising your financial arrangements after separation is a vital step toward rebuilding your life. At Chamberlains, we offer compassionate, strategic guidance to help you secure a fair and lasting outcome. Contact us today for a confidential consultation—we’re here to help you move forward with clarity and confidence.

    Call us at +61 2 9264 9111
    Email us at hello@chamberlains.com.au


    FAQ

    01What counts as “property” in a settlement?

    Property includes all assets and liabilities, homes, cars, savings, superannuation, businesses, investments, and debts. Even items held in one party’s name or acquired after separation may be considered.

    Not necessarily. Many settlements are resolved through negotiation or mediation. If an agreement is reached, it can be formalised through Consent Orders or a Binding Financial Agreement without going to court.

    The court considers both financial contributions (like income or property purchases) and non-financial contributions (like homemaking or parenting). Each party’s role in the relationship is valued.

    Yes. Superannuation is treated as property and can be split between parties. We help prepare the necessary documents and ensure compliance with superannuation laws.

    Both parties are legally required to provide full and frank disclosure. If someone hides assets, the court can penalise them and adjust the settlement accordingly. We help uncover hidden assets and protect your entitlements.

    Yes. You must apply within 12 months of a divorce becoming final, or within two years of the end of a de facto relationship. Acting promptly ensures your rights are preserved.

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