Property Division

 

Separating finances after a relationship ends is complex. We help you identify the asset pool (including superannuation and liabilities), negotiate fair outcomes, and formalise them by Consent Orders or a Binding Financial Agreement — with practical timelines and transparent fees. Courts apply principles under the Family Law Act 1975 (ss 79, 90SM) and case law (e.g., Stanford v Stanford) when deciding financial/property disputes.

 

 

Need clear advice on property settlement?

Disclosure, valuation and fair division — serving the Northern Beaches, Parramatta & Wollongong.

What the Court considers

  • What’s in the pool: real property, cash, shares, businesses, trusts, vehicles, superannuation, and debts.

  • Contributions: financial (earnings/assets), non-financial, and homemaker/parenting.

  • Future needs: age, health, income disparity, care of children, earning capacity.

  • Overall justice: any orders must be just and equitable (incl. the threshold emphasised in Stanford).

Time limits: generally 12 months after a divorce becomes final (married) or 2 years from separation (de facto) to start court proceedings — get advice early.

What We Achieve For Our Clients

Disclosure & Valuation

Asset/loan documents, business & trust interests, expert valuations where needed.

Negotiation & Mediation

Heads of agreement that reflect contributions, future needs & practicality.

Superannuation Splitting

Flagging/splitting orders and trustee notifications done correctly.

Companies, Trusts & Loans

Tracing/control issues, shareholder loans and tax-aware structures.

Consent Orders / BFA

Formalise settlement without a hearing where agreement is reached.

Urgent Issues

Injunctions, interim maintenance and preservation of assets.

Why Choose MCB for Your Property Settlement

  • Straightforward advice on disclosure, valuation and settlement pathways

  • Negotiation first; firm advocacy if court is required

  • Local experience across Northern Beaches (Manly), Parramatta & Wollongong

  • Transparent costs & scope from day one

How Property Settlements Are Decided (NSW)

Identify the asset pool → assess contributions → consider future needs → ensure the outcome is just & equitable; then formalise by Consent Orders/BFA.

1

Identify the Asset Pool

List assets, superannuation and debts (net pool), including companies/trusts where relevant.

2

Evaluate Contributions

Financial & non-financial contributions, plus homemaker/parenting roles.

3

Consider Future Needs

Age, health, income capacity, care of children and other s 75(2)/90SF factors.

4

Just & Equitable

Orders must be fair overall (principles affirmed in Stanford v Stanford), then formalised via Consent Orders/BFA.

Not sure what’s “in the pool” — or how super is split?

We’ll map disclosure, value assets, and outline a realistic settlement range.

Frequently Asked Questions

How is property divided in a divorce or separation?

Property is typically divided based on principles of fairness and equity, considering factors like contributions to the relationship and future needs.

What types of property are considered in a property division?

Property can include real estate, bank accounts, investments, superannuation, personal belongings, and debts.

Do we need to go to court to divide our property?

Not necessarily. Many couples reach an agreement through negotiation or mediation without going to court.

How does the court decide on property division if we can't agree?

The court considers factors like the length of the relationship, contributions of each party, and future needs to make a decision.

What is the difference between marital property and separate property?

Marital property is acquired during the marriage and is subject to division, while separate property is owned individually before marriage or acquired by gift or inheritance.

Can we decide on property division ourselves without legal assistance?

Yes, but it is recommended to seek legal advice to ensure the agreement is legally binding and fair.

How does superannuation get divided in a property settlement?

Superannuation is treated as a financial resource and can be divided or offset against other assets in a settlement.

What if one partner tries to hide assets during property division?

Both parties are legally required to disclose all assets and liabilities. Hiding assets can lead to legal consequences.

How long does the property division process typically take?

The timeline can vary depending on the complexity of the assets and whether an agreement is reached amicably or requires court intervention.

What are the tax implications of property division?

Property division can have tax consequences, such as capital gains tax, which should be considered during negotiations.

What should I do if I disagree with the property division outcome?

If you disagree with the outcome, you may be able to appeal or seek a variation, but it’s important to seek legal advice promptly.

Is it possible to change the property division agreement after it is finalised?

Changes are possible but generally require mutual consent or a significant change in circumstances and legal approval.

What role does mediation play in property division?

Mediation can help couples reach a mutually agreeable settlement without the need for a court decision, saving time and costs.

How can I protect my assets during the property division process?

Seeking legal advice and ensuring full disclosure from both parties are crucial steps in protecting your interests during property division.

Ready to formalise your property settlement?

Consent Orders or a Binding Financial Agreement drafted clearly and correctly.