Property Settlements

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.

⁰² Business & Trust Interests

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.

⁰³ Superannuation Splitting

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.

⁰⁴ Debt Allocation

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.

⁰⁵ Settlements Involving Children

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.

⁰⁶ Consent Orders & Binding Agreements

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.

The Family Law Team at Chamberlains understands the complexities of dividing assets after separation. We work closely with clients to protect their entitlements and guide them through every step of the property settlement process with clarity and care.

Share your journey and let us guide your next step

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

02Disclosure and valuation

03Negotiation and mediation

04Formalising the agreement

05Court representation (if needed)

Our services

Understanding Property Division

Supporting Stability After Separation

Navigating Complex Financial Structures

Protecting Entrepreneurial Legacies

Treating Super as Property

Planning for Retirement Fairly

Dividing Liabilities Fairly

Avoiding Future Financial Strain

Prioritising Family Needs

Creating Security for Children

Formalising the Outcome

Securing Peace of Mind

Compensation Client

Conveyancing Client

Estate Administration Client

Personal Injury Client

Workplace Law Client

Family Law Client

Insurance Client