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Matrimonial and De Facto Property Settlements

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Matrimonial and De Facto Property Settlements

Fair outcomes for property matters.

Dividing property and finances can be one of the most complex aspects of separation.

Property settlements aim to fairly divide assets, liabilities, and financial resources between both parties. This process considers each person’s contributions and future needs. Clear legal guidance can help ensure the outcome is fair and legally recognised.

What is a property settlement?

A property settlement involves identifying and valuing all assets and liabilities of the relationship. This can include property, savings, superannuation, investments, businesses, and debts. The goal is to reach a fair division based on each party’s financial and non-financial contributions during the relationship.

The law also considers future needs such as income capacity, health, and the care of children. Property settlements can often be resolved through negotiation or mediation, but where an agreement cannot be reached, the court can make a formal decision.

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We’re here to help

Moore Lawyers provides practical advice to help you understand your rights and options when dividing property after separation. We assist with identifying assets, negotiating settlements, and ensuring agreements are properly documented and legally enforceable.

Our team works to resolve matters as efficiently as possible while protecting your financial interests. If court proceedings become necessary, we will guide you through the process and advocate for a fair outcome.

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Frequently asked
questions

What assets are included in a property settlement?

A property settlement considers all assets and liabilities of both parties, not just those held jointly. This can include property, bank accounts, superannuation, investments, vehicles, businesses, and debts. All financial resources are typically taken into account when determining a fair division.

How is property divided after separation?

The court follows a structured process that looks at the total asset pool, the contributions of each party during the relationship, and their future needs. Contributions can include financial contributions, homemaking, and caring for children.

Do de facto couples have the same rights as married couples?

In many cases, yes. De facto couples can apply for property settlements in a similar way to married couples, provided certain legal criteria are met. This may include the length of the relationship or whether there are children involved.

Is there a time limit to apply for a property settlement?

Yes. Married couples generally have 12 months after their divorce becomes final to apply to the court for a property settlement. De facto couples usually have two years from the date of separation.

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