Property Settlement Law

When a relationship ends, dividing your assets can feel overwhelming, especially when emotions are high or financial matters are complex.

Helping You Divide Assets Fairly and Move Forward with Confidence

At THAMS Law Group, we help you find clarity in the process, protect what matters, and secure a fair financial future.

Understanding Property Settlements in Australia

When a marriage or de facto relationship ends, all assets and debts need to be divided. This process is called a property settlement, and it covers everything from the family home to superannuation, investments, debts, and personal items.

You don’t need to be on bad terms to reach a fair agreement — and you don’t have to go to court. Many property matters are resolved privately, with the right legal advice and structure.

When should I speak to a lawyer about property settlement?

If you’ve recently separated or are planning to, it’s a good idea to get legal advice early.

You don’t need to wait until a divorce is finalised to begin dividing property. In fact, the earlier you understand your rights, the easier it is to protect your financial position and avoid unnecessary stress.

At THAMS Law Group, we help you navigate this process with calm, clear guidance — so you can move forward with clarity and confidence.

What counts as property?

In family law, property includes anything of value, regardless of whose name it’s in. This can include:

  • The family home

  • Investment properties

  • Superannuation and pensions

  • Shares, savings, and business interests

  • Vehicles, jewellery, and household items

  • Mortgages, loans, and credit card debts

Everything is considered part of the property pool unless excluded by agreement or proven otherwise.

How is property divided?

There’s no fixed formula. The Family Law Act 1975 requires a “just and equitable” division — not necessarily 50/50.

Courts (or your lawyers, in negotiation) will consider:

  • The value of all assets and liabilities

  • Each party’s financial and non-financial contributions

  • Future needs, including age, health, earning capacity and care of children

We’ll help you work through each of these factors and negotiate a resolution that reflects your circumstances — without unnecessary delay or conflict.

WHAT WE DO

Property Settlement Services

Division of Assets & Liabilities

You don’t have to go to court to divide your property. At THAMS Law Group, we guide you through a clear, structured process — helping you understand your legal entitlements, identify and value all shared assets and debts (including superannuation), and negotiate a fair outcome. Once an agreement is reached, we’ll finalise it through consent orders or a financial agreement to ensure it's legally binding and tailored to your needs.

Superannuation & Pensions

Superannuation is treated as property under family law. Even though it may not be accessible immediately, it can be split between partners as part of the overall settlement.

We help you understand your entitlements, value different types of funds, and structure any split in a way that protects your future financial security.

Business Interests & Complex Assets

If your property pool includes a business, trust, family company, or complex investments, we work closely with financial advisors, accountants, and valuers to assess true asset value and ownership structure.

We ensure any proposed division is legally sound, commercially sensible, and aligned with your long-term goals.

Mediation & Dispute Resolution

We aim to resolve matters without going to court. Through private negotiation or family law mediation, we help parties reach agreement in a constructive, respectful way.

But if court is necessary, we’ll prepare your case thoroughly and advocate strongly — ensuring your voice is heard and your rights are protected at every step.

Planning Financial Agreements with Foresight and Fairness

At THAMS Law Group, we approach financial agreements with empathy, respect and precision. We understand these conversations can feel sensitive, but we also know how important they are.

We’ll guide you through the process with clear communication, practical advice, and a strong focus on long-term security. Our agreements are legally sound, commercially smart, and written in plain English, so there’s no confusion about what they mean or how they work.

Whether you’re protecting what you’ve built or planning your future together, we’re here to help you take this step with confidence.

FAQs

  • A property settlement in family law refers to the process of dividing the assets and liabilities between you and your ex-partner after separation or divorce. It allows both parties to move forward with financial independence.

  • No. You can begin your property settlement immediately after separation. In fact, it’s often best to start early, particularly if time limits may apply.

  • Not necessarily. Many property settlements are reached through negotiation or mediation. However, if an agreement can’t be reached, you may need the court’s assistance to finalise the settlement.

  • Property includes anything of value, such as houses, land, money, vehicles, superannuation, and even cryptocurrency. It can also include personal items like jewellery and furniture.

  • You can formalise your agreement via a binding financial agreement or by applying for consent orders. Both options help you avoid court and make your agreement legally enforceable.

  • If negotiation or mediation doesn’t resolve the matter, you may need to apply to the court for a property order. We’ll help you prepare your case and advocate for an outcome that reflects your contributions and needs.

  • Typically, each party is responsible for their own legal costs. However, in some cases, the court may order one party to cover the other’s legal fees if deemed appropriate.