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Property and Financial Settlements in Sydney

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Dividing assets after separation can be overwhelming, especially when emotions and financial stress are involved. Whether you’re ending a marriage or de facto relationship, it’s important to understand your rights and obligations under Australian family law.

This page explains how property and financial settlements work in Australia, including your options for reaching a fair outcome.

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Property and Financial Settlements in Sydney

1000 + Reviews

Dividing assets after separation can be overwhelming, especially when emotions and financial stress are involved. Whether you’re ending a marriage or de facto relationship, it’s important to understand your rights and obligations under Australian family law.

This page explains how property and financial settlements work in Australia, including your options for reaching a fair outcome.

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Secure the outcome you deserve with an experienced property & financial settlement team.

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Experienced Family Law Specialists

With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.

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Client-Focused Divorce Solutions

With over 40 years of combined experience, our team of family lawyers is dedicated to guiding clients through divorce and separation with care, clarity, and legal precision.

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5-Star Rated Service Across NSW

Our clients consistently leave five-star reviews for our personal approach, professional service, and positive results in complex family law cases.

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Book a free consultation today. We’ll explain your rights, obligations, and next steps—no pressure, just clear advice tailored to your situation.

Property and financial matters after separation can feel overwhelming, especially when there’s uncertainty about your rights and what you’re entitled to.
At My Divorce Lawyers, we’re committed to guiding you through every stage of the settlement process — with experienced advice, strong representation and support you can trust.

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What Is Property Settlement?

Property settlement is the legal process of dividing financial interests between former partners after separation. This applies to both married and de facto couples.

Assets and liabilities considered in settlement include:

Homes and investment properties

Superannuation balances

Bank accounts, shares and personal savings

Vehicles, businesses and trusts

Loans, mortgages, credit cards and other debts

The aim is a division that is just and equitable, not necessarily equal.

    Key Points:

You do not need to be divorced to begin the property settlement process.

There are time limits: 12 months after divorce, or 2 years after the end of a de facto relationship.

Property settlement includes all assets, debts, superannuation, businesses, and financial resources.

You can reach agreement through Consent Orders or a Binding Financial Agreement.

The outcome is not always 50/50. The law requires a fair and equitable division.

Know more: Property Settlements

How Does the Court Divide Property?

The Family Law Act 1975 outlines a four-step process used by courts to determine how property should be divided:

  1. Identify and value the property pool

  2. Assess contributions

  3. Consider future needs

  4. Make a division that is just and equitable

   Legal Aid NSW – Property Settlements

Consent Orders vs Binding Financial Agreements

Consent Orders are:

   Approved by the Federal Circuit and Family Court

   Enforceable

   Based on mutual agreement

Binding Financial Agreements (BFAs) are:

   Private legal contracts

   Require independent legal advice

   Can be made before, during, or after a relationship

  Know more: Binding Financial Agreements

Do I Need to Go to Court?

Most settlements are reached through mediation or negotiation. Court is only required when parties can’t agree or someone refuses to cooperate.

Time Limits You Should Know

   Married couples: 12 months from date of divorce

   De facto couples: 2 years from separation

Missing the deadline requires permission from the court (leave).

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Spousal Maintenance and Property Division

Spousal maintenance may be awarded when one party cannot meet their needs and the other can afford to assist.

  Legal Aid NSW – Spousal Maintenance

How My Divorce Lawyers Can Help

We can:

  Advise on your entitlements

  Prepare and negotiate legal agreements

  Draft and formalise Consent Orders or BFAs

  Act urgently to protect your property interests

  Represent you in court where necessary

 Get in touch today

Talk to a Family Law Expert Today

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