Family Law Property Settlement Lawyers in Melbourne
At Matthies Lawyers, we specialise in securing fair and effective property settlements at the end of a marriage or de facto relationship, whether it involves real estate, businesses, or trusts. With decades of experience in Melbourne’s legal system, we ensure your assets and liabilities are divided with precision and care.
Need help with your property settlement? Contact us today for a confidential consultation.
Our Property Settlement Services:
We handle all aspects of property settlements, including:
- Asset Division: Comprehensive evaluation of real estate, businesses, and financial resources to ensure a fair division.
- Negotiation & Mediation: We strive to resolve disputes out of court, saving you time, stress, and money.
- Court Representation: When needed, we represent you in court to secure a just outcome.
- Tailored Legal Advice: We provide customised advice based on your specific situation and future needs.
Family & Divorce Law
Wills & Estates
Property Conveyancing
Will Disputes
Animal Law
Probate
Why Choose Matthies Lawyers?
- Experienced Legal Team: Proven expertise in managing complex property settlements.
- Client-Focused: We listen to your needs and tailor our approach to achieve your goals.
- Comprehensive Support: From negotiation to court representation, we’re with you every step of the way.
Get in Touch: Call 03 8692 2517 for a confidential consultation.
Frequently Asked Questions
Why do property settlements matter?
Property settlements are crucial for ensuring that all assets and liabilities are fairly divided after a separation or divorce. They protect your financial interests and help secure your future by legally finalising the division of real estate, businesses, superannuation, and other assets.
Settling property also helps avoid future disputes and ensures a clean break between you and your former partner.
What is the property settlement process?
The property settlement process involves several steps, including:
- Initial Consultation: Understanding your financial situation and legal options.
- Asset Identification and Valuation: Listing all assets, such as real estate, businesses, and superannuation.
- Negotiation or Mediation: Attempting to resolve the division of assets outside of court.
- Court Representation (if needed): If an agreement can’t be reached, we represent you in court.
- Final Settlement: The process concludes with a binding financial agreement or court orders by consent, ensuring all legal obligations are met.
What is the typical timeline for a family law property settlement?
The timeline can vary depending on the complexity of the assets and whether both parties can reach an agreement. On average, it may take between 3 to 12 months, but more complex cases involving high-value assets or protracted disputes may take longer.
Do we need to go to court for a property settlement?
Not always. Many property settlements are resolved through negotiation or mediation, avoiding the need for litigation in court. However, if an agreement cannot be reached, we are prepared to represent your interests in court.
How are business assets divided in a property settlement?
Business assets are typically valued by a licensed business valuer. Both financial and non-financial contributions will be taken into account when dividing business interests. We ensure that the division is fair and that your business remains protected.
Can I stay in the family home during the settlement process?
Yes, one party can usually stay in the family home during the property settlement process. This can be part of the negotiations, and it’s often resolved through a temporary agreement or court order.
How is superannuation divided during a property settlement?
Superannuation is considered part of the property pool in Australia and is divided based on each party’s financial contributions and future needs. We ensure that your superannuation is handled according to the law, factoring in any unique circumstances.
What factors are considered when dividing property?
May factors influence property division, including:
- Financial contributions (income, investments, etc.)
- Non-financial contributions (homemaking, childcare)
- Future needs (age, health, earning capacity)
- The welfare of any children involved
What happens if we can’t agree on property division?
If both parties can’t agree through negotiation or mediation, the case may proceed to court, where a judge will decide based on the assets and contributions of both parties.
Are debts included in property settlements?
Yes, liabilities such as mortgages, credit card debt, and loans are included in the property settlement and must be divided along with the assets.
What happens to property owned before the relationship?
Assets owned before the relationship are still considered in the settlement, but their treatment may depend on how they were used during the relationship and whether they have increased in value.
Can I change a property settlement agreement later?
In general, once a property settlement is final, it cannot be altered. However, in rare cases involving fraud, non-disclosure, or significant changes in circumstances, it may be possible to request a variation.
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