Blog
Category: Property Settlement
Can family violence change the way my property is split after separation?
Significant changes to the Family Law Act 1975, effective from 10 June 2025, reshape how the law determines property settlements in cases involving family violence.
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Your guide to separation while living under one roof
Separating from your partner while still living together can be one of the most challenging experiences in a relationship. Although each situation will differ, this blog provides some guidelines for how to navigate a separation under one roof.
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How are future needs considered in family law property settlement?
Following the breakdown of a marriage or de facto relationship, often a property settlement will need to take place to divide the assets of the relationship. One crucial factor the Court will need to determine is what are the future needs of each of the parties.
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How does mediation work in family law matters?
When the issues in question are as important as your children, wellbeing, or home, it is important that you are at the forefront of the decision-making process. Mediation is one of several alternative dispute resolution processes in family law which can provide a forum for both parties to negotiate their options and reach an agreed resolution.
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A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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What are Search Orders in family law property settlement?
Search orders are a type of court order that allows one party to search premises related to another party to locate and seize specific documents or other evidence related to a family law matter.
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A guide to family law property settlement
When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
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Visibility of superannuation assets during family law property settlement
It’s important to consider the superannuation held by both parties as part of any property settlement negotiations. But what if a party does not disclose, or under-discloses, their superannuation interests?
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Calculating the asset pool for family law property matters
While parties do not always need to agree on all aspects of the asset pool to reach a property settlement resolution, understanding how to calculate the asset pool is essential for both parties as a starting point.
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Farms and family law property settlement
There are various factors to consider when dealing with farms in family law property settlement, including how farms are treated, what the farm comprises and its ownership structure, and whether the farm will need to be sold.
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My former partner is delaying property settlement
When your former partner intentionally delays the process, it can be frustrating and financially burdensome. This article provides guidance and practical strategies for individuals facing delays in family law property settlement in Australia.
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Pre-action procedures before filing in the Federal Court and Family Court of Australia
Before taking your parenting or property issue to court, you must fulfil certain family law requirements known as the “pre-action procedures”. The court requires parties to make a “genuine effort” in resolving a dispute before going to court.
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