Clear guidance and practical support to negotiate and formalise a fair property settlement to protect your interests.
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Assessing financial and non financial contributions
Explaining how courts assess income, assets, homemaking and parenting contributions, and what that may mean for your share of the property pool.
Section 75(2) factors and future needs
Advice on factors such as age, health, earning capacity and care of children, and how they may influence the overall division.
Length of the relationship and its impact
Considering how the duration and nature of your relationship affects entitlements, including short, medium and long term relationships.
Loans, gifts and family financial support
Clarifying whether payments are likely to be treated as loans or gifts, and evidence needed to support each position.
Superannuation splitting and adjustments
Guidance on valuing, splitting or adjusting superannuation interests as part of your overall property settlement.
Initial, post separation and add back issues
Advice about initial contributions, post separation spending, add backs and waste, and how these may be argued in your case.
Clarity on property division
Working out a fair property settlement after separation can feel daunting, particularly when homes, businesses and superannuation are involved.
At Bedrock Legal Group / BRLG, we focus on practical, realistic outcomes rather than wish lists. We start by identifying the asset and liability pool, including superannuation, loans and any third party interests. We then explain how contributions and future needs are assessed under the Family Law Act, and what that may mean in percentage terms. From there, we explore options such as negotiation, mediation, lawyer assisted discussions or court, and consider timing, tax and cost implications.
Our aim is to give you clear advice, realistic expectations and a structured pathway so you can negotiate confidently or, if required, present a strong case in Court
Understanding how property settlements work
Property settlements under the Family Law Act usually involve four broad steps. First, we identify and, where needed, value the asset and liability pool, including real estate, businesses, vehicles, investments, superannuation and debts. Second, we look at contributions made by each party, both financial and non financial, such as income, inheritances, homemaking and care of children. Third, we consider future needs; age, health, earning capacity, care arrangements for children and other relevant section 75(2) factors. Finally, we test whether any proposed division is just and equitable overall. In practice, these steps often overlap, particularly where there are disputed loans, ‘inappropriate spending’ or complex corporate or trust structures.
We help you gather the necessary information, understand competing arguments and assess realistic ranges of outcome. We then work with you to develop a strategy that may involve negotiation, mediation, offers of settlement or, if required, issuing or responding to court proceedings.
Along the way, we explain the impact of timing, tax, costs and practical implementation issues, such as refinancing or sale. Where appropriate, we also consider interim arrangements and risk management, so important steps like mortgage payments and access to funds are managed sensibly while negotiations continue.
Our focus is on achieving a workable, timely settlement that lets you move forward with as much financial certainty as possible.
Explanation of how child support assessments are calculated.
Advice on when a change of assessment may be worthwhile.
Assistance drafting or reviewing private child support agreements.
Guidance on links between care arrangements and child support.
Options for dealing with unpaid or overdue child support.
Focus on sustainable, child focused financial arrangements.
Your Bedrock Team
Meet the team behind Bedrock Legal Group / BRLG. When things feel uncertain, you don’t have to handle it alone. We’re committed to guiding you through each step, so you feel supported, informed, and in control from start to finish.
Brendan Rothschild
Principal Solicitor
Jessica Szylkrot
Practice Manager
Rebecca Rothschild
Business Support Manager
Pavani Weeratunge
Solicitor
Rony Patel
Solicitor
Tiffany Vainer
Solicitor
Jananie Munasinghe
Solicitor
Thomas Arrigo
Solicitor
Damian Van Gaans
Graduate Lawyer
Chloe Ziola
Bookkeeper
Ellen Creagan
Bookkeeper
Frequently Asked Questions
How is property divided after separation?
Property is divided by agreement between the parties or, if necessary, by the Court. The process generally involves identifying and valuing the asset pool, assessing each party’s contributions (financial and non-financial), and considering future needs. The aim is to reach a fair and equitable outcome based on your individual circumstances.
What assets are included in a property settlement?
All assets and liabilities are considered, regardless of whose name they are in. This can include real estate, bank accounts, superannuation, businesses, investments, vehicles, and debts. In some cases, assets held by third parties or trusts may also be relevant.
Do we have to go to Court to divide property?
No. Many property matters are resolved by agreement through negotiation or mediation. If an agreement is reached, it can be formalised by Consent Orders or a Binding Financial Agreement. Court proceedings are generally a last resort where an agreement cannot be reached.
How long do I have to apply for a property settlement?
Strict time limits apply. For married couples, you generally have 12 months from the date of divorce to commence proceedings. For de facto couples, the time limit is usually 2 years from the date of separation. It is important to seek advice early to avoid missing these deadlines.
What factors does the Court consider when dividing property?
The Court considers a range of factors, including financial contributions (such as income and assets), non-financial contributions (such as homemaking and parenting), and each party’s future needs. This may include age, health, earning capacity, and care of children. The overall goal is to achieve a fair outcome.
Can we reach an agreement without going to Court?
Yes. In many cases, parties are able to reach an agreement through negotiation or mediation. Resolving matters outside of Court is often faster, more cost-effective, and allows greater flexibility in outcomes. Once agreed, the arrangement can be formalised to ensure it is legally binding and enforceable.
What happens to the family home after separation?
The family home is treated as part of the overall asset pool. It may be sold, transferred to one party, or retained for a period of time depending on the circumstances. The outcome will depend on factors such as contributions, financial capacity, and whether children are involved.
Can property be divided before divorce is finalised?
Yes. Property settlement is separate from divorce and can be negotiated and finalised at any time after separation. You do not need to wait for a divorce to deal with financial matters.
What happens to superannuation in a property settlement?
Superannuation is treated as property and can be divided between parties. This is usually done through a superannuation split, which reallocates a portion of one party’s super to the other.
What if my former partner is hiding assets or not being transparent?
Both parties have an obligation to provide full and frank financial disclosure. If there are concerns about missing or undisclosed assets, steps can be taken to obtain further information and ensure a fair outcome.
Do contributions made before the relationship matter?
Yes. Contributions made before, during, and after the relationship are all relevant. This can include initial assets, income, inheritances, and non-financial contributions such as homemaking and parenting.
How long does a property settlement take?
The timeframe depends on the complexity of the matter and whether an agreement can be reached. Some matters resolve within a few months, while others may take longer if negotiations are ongoing or Court proceedings are required.
Languages
We assist clients from diverse backgrounds and can provide support in multiple languages,
including through interpreters where required.
