Property Settlement Lawyers in the Hills District and Sydney
We are dedicated to protecting your financial interests and helping you reach a fair resolution that supports your future needs.
PROPERTY SETTLEMENT
A property settlement refers to the division of assets and liabilities between parties following the breakdown of a marriage or de facto relationship.
Separating from your spouse or de facto partner can raise difficult questions about how your property and finances will be divided. You may be concerned about what will happen to the family home, savings, superannuation, investments and other assets acquired during your relationship, as well as how outstanding mortgages, loans and other debts will be dealt with.
At Arnold Hills Lawyers, we are experienced in advising and representing clients in property and financial settlement matters.
As collaboratively trained family lawyers, we take a resolution focused approach, prioritising cost-effective outcomes through negotiation, mediation, roundtable conferences and collaborative practice.
Wherever possible, we seek to resolve matters without contested court proceedings, minimising legal costs, delays and the stress associated with litigation.
However, where court intervention is necessary to protect your interests, we provide strategic advice and representation, including in matters requiring urgent court applications and complex financial disputes.
Our background in commercial law provides valuable insight into property settlements involving business interests, companies, trusts, complex financial structures and significant assets. This experience allows us to navigate matters where personal and commercial interests intersect, providing tailored legal strategies that reflect your individual circumstances and financial objectives.
Why Arnold Hills for your property settlement?
- Experienced family lawyers advising and representing clients in property and financial settlements, including complex financial disputes.
- Resolution focused and collaboratively trained lawyers prioritising negotiation, mediation and collaborative practice to achieve cost effective outcomes.
- Strategic court representation where litigation or urgent court intervention is necessary to protect your interests.
- Commercial law experience providing valuable insight into matters involving companies, trusts, business interests and significant assets.
- Tailored legal strategies focused on protecting your financial interests and achieving a just and equitable outcome.
Book your free initial 15-minute consultation to understand your options and next steps.
Contact UsWhat is included in a property settlement?
When determining a property settlement, the property interests of both parties must be identified and, where necessary, valued, regardless of whose name an asset is held in. This means that assets held solely in your former partner’s name may still form part of the property considered in the settlement. Depending on your circumstances, a property settlement may include:
- Real estate, including the family home and investment properties;
- Cars, motorcycles, bicycles, boats and other vehicles;
- Money in bank accounts;
- Superannuation;
- Shares and other investments;
- Cryptocurrency and digital assets;
- Valuables, such as jewellery, collections and antiques;
- Interests in a trust, deceased estate or business venture;
- Debts and liabilities, such as mortgages, loans, credit cards and tax debts;
- Companion animals (family pets) and animals that form part of a business, such as livestock.
Property settlement framework
While many matters settle out of court, it is helpful to understand the legal framework applied by the Federal Circuit and Family Court of Australia.
There is no fixed formula or presumption of equal division, and the court considers the individual circumstances of each case when determining what property settlement orders, if any, should be made.
The framework involves the following steps:
Identify & value the property pool
Identify the parties’ assets, liabilities and financial resources, including superannuation.
Assess each party’s ‘contributions’
Consider financial and non-financial contributions, including homemaking and parenting contributions.
Assess current & future circumstances
Consider factors such as age, health, income, earning capacity, care of children and the impact of any family violence or wastage.
Ensure outcome is just and equitable
Consider whether the proposed property settlement is fair in all the circumstances.
Your property settlement journey: Arnold Hills property settlement services
At Arnold Hills Lawyers, we take the time to understand your circumstances, explain your options and develop a legal strategy tailored to your matter.
Below is an overview of the key stages of a property settlement and how we assist you throughout the process. Not every matter requires each stage, and some stages may overlap.
Initial consultation
During your initial consultation, usually 60 to 90 minutes, we discuss your circumstances, concerns and objectives. We provide preliminary legal advice, identify key issues and explain your options and recommended next steps.
Financial Disclosure and Valuation
We assist you in identifying assets, liabilities, superannuation and financial resources, and guide you through your ongoing financial disclosure obligations.
Where necessary, we assist in obtaining outstanding financial information, arranging independent valuations and addressing concerns about non-disclosure or the dissipation of assets.
Legal Advice and Strategy
We assess your legal position, including each party’s contributions and relevant current and future circumstances, and develop a legal strategy tailored to your financial interests and objectives.
As further information becomes available, we review our advice and refine your strategy where necessary.
Negotiation and Dispute Resolution
Where appropriate, we prioritise resolving your property settlement through negotiation, mediation or collaborative practice, without contested court proceedings.
We represent your interests throughout negotiations, assess settlement proposals and provide strategic advice to help you make informed decisions.
Formalising Your Property Settlement
Where an agreement is reached, we assist in formalising your settlement through consent orders or, where appropriate, a binding financial agreement, ensuring the necessary legal requirements are met.
Court Proceedings Where Necessary
Where agreement cannot be reached or court intervention is required, we commence or respond to proceedings on your behalf.
We provide strategic representation throughout the court process, working with barristers and other experts where necessary to protect your interests.
Implementation and Ongoing Support
Once your settlement is formalised or final orders are made, we assist with any steps required to give effect to your agreement or orders and provide further advice where necessary.
Reaching and formalising a property settlement
Many separating couples reach an agreement about how their property will be divided without the court determining the outcome. We will assess your circumstances and advise you on the options available to resolve your property settlement and, where agreement is reached, how to formalise it.
Informal Agreements
Some separated couples may reach an informal agreement about how their assets and liabilities will be divided without taking steps to legally formalise the arrangement. However, an informal arrangement can leave open the possibility of future financial claims. It is important to obtain legal advice before relying on an informal arrangement.
Consent Orders
If you and your former partner reach agreement, you can file an application for consent orders with the Federal Circuit and Family Court of Australia. Consent orders are legally enforceable once approved by the court.
Binding Financial Agreements
A binding financial agreement is a private agreement entered into between parties. Strict legal requirements apply to binding financial agreements, and each party must obtain independent legal advice. Whether a binding financial agreement is appropriate will depend on the circumstances and the nature of the proposed settlement.
Court proceedings
Where agreement cannot be reached, or where court intervention is otherwise required, it may be necessary to commence proceedings in the Federal Circuit and Family Court of Australia.
We can advise you throughout the court process and represent you in seeking interim or final property orders, including where there are issues involving urgency or risk to your financial position. In those circumstances, the court will determine how property, liabilities and financial interests should be dealt with pursuant to the Act.
Speak with Arnold Hills, property settlement lawyers in the Hills District and Sydney
At Arnold Hills, we understand that financial uncertainty after separation can be overwhelming. Our priority is to protect your financial interests and help you work towards an outcome that supports your future financial security. Seeking timely legal advice is crucial in navigating your property settlement matter.
Arnold Hills assists clients throughout the Hills District, including Castle Hill, Norwest and Rouse Hill, as well as clients across Sydney, with property and financial settlement matters.
Contact Arnold Hills to arrange a confidential consultation about your property settlement matter.
Contact UsFrequently Asked Questions
Is property divided 50/50 after separation?
No. There is no automatic 50/50 division of property following separation. The outcome will depend on the circumstances of the parties. Relevant considerations may include the property and liabilities of each party, their respective contributions, their current and future circumstances and other matters relevant under the Family Law Act 1975 (Cth). Any property settlement orders made by the court must ultimately be just and equitable.
Can we reach a property settlement without going to court?
Yes. Many property settlements are resolved amicably through negotiation, mediation or collaborative practice without the need for contested court proceedings. Once agreement is reached, it can be recorded and legally formalised, such as, by application for consent orders.
Do I need to formalise a property settlement agreement?
Reaching an informal agreement does not necessarily provide legal finality. In many circumstances, it is important to formally document a property settlement to provide certainty and reduce the risk of future financial claims. Depending on your circumstances, an agreement may be formalised through consent orders or a binding financial agreement.
Do I have to disclose all of my assets in a property settlement?
Parties to a property settlement have an ongoing duty to provide full and frank disclosure of relevant financial information and documents. This obligation applies while parties are attempting to resolve their property matter and continues throughout any court proceedings. Failure to provide full and frank financial disclosure can have serious consequences. We can advise you about your disclosure obligations and the steps available where you are concerned that your former partner has not provided full disclosure.
How is superannuation treated in a property settlement?
Superannuation is treated as a form of property under the Act and is taken into account when determining a property settlement. Although superannuation interests may be split between the parties, a split may not be sought in every matter. Whether a split is appropriate, and how superannuation should be treated overall, will depend on your circumstances.
How is an inheritance treated in a property settlement?
The treatment of an inheritance will depend on the circumstances, including whether it has already been received, when it was received, its value and the parties’ overall financial circumstances. A prospective inheritance that has not yet been received may require different consideration from an inheritance that already forms part of a party’s property or financial position.
Can family violence affect a property settlement?
Yes. Since 10 June 2025, the Family Law Act 1975 (Cth) expressly provides for the economic effect of family violence to be considered where relevant when assessing contributions and a party’s current and future circumstances. Whether family violence will affect the outcome of a particular property settlement will depend on the circumstances and the evidence available.
What happens to a business in a property settlement?
An interest in a business may be relevant to a property settlement, regardless of whether the business is operated by one or both parties. Depending on the circumstances, the business interest may need to be independently valued as part of determining the overall financial position. Where business interests are involved, we can work with accountants, valuers and other experts where required and advise you on how those interests should be addressed as part of your property settlement.
