- Family Law Practice located in Mount Waverley
Property Settlement in Mount Waverley, Melbourne
Working out who keeps what after a separation, the house, savings, super, debts, is rarely simple, even when the split feels obvious to both people. We help married and de facto couples reach a property settlement that’s properly documented and legally binding, so it can’t be reopened later. Our office is in Mount Waverley, and we act for clients across greater Melbourne, since all Victorian family law matters go through the same court, the Melbourne Registry of the Federal Circuit and Family Court of Australia, so where you live in Melbourne doesn’t change which court hears your matter.
DIRECT ANSWER
What Is Property Settlement?
Property settlement is the legal process of dividing assets, debts, and superannuation after a marriage or de facto relationship ends. It can be reached by agreement and formalised through consent orders, or, if the parties can’t agree, decided by the court. In Australia, married couples generally have 12 months from when their divorce becomes final to apply, and de facto couples have 2 years from separation. Missing this deadline means asking the court for special permission to proceed, which isn’t guaranteed.
What Counts as Property in a Settlement?
Property settlement covers more than the family home. It includes:
Real estate, including the family home and any investment properties
Superannuation (this is treated as property under the Family Law Act, not shared automatically)
Savings, shares, and other investments
Vehicles, businesses, and business interests
Debts, including mortgages, credit cards, and personal loans
The court (or an agreement reached without going to court) looks at what each person contributed, financially and non-financially, and what each person will need going forward, before deciding what’s a just and equitable division.
Who Needs This
Anyone who has separated, whether married or in a de facto relationship, and needs to formally divide property, super, and debts. This applies whether the split is amicable and just needs to be documented properly, or contested and needs to be negotiated or decided by a court.
How the Process Works
We advise on what you’re likely entitled to, based on your contributions and future needs.
Both parties disclose their financial position in full (this is a legal requirement, not optional).
We negotiate a settlement, directly or through mediation, aiming to avoid court wherever possible.
Once agreed, the settlement is formalised through consent orders (filed with the court) or a binding financial agreement, so it’s legally enforceable.
If agreement isn’t possible, we advise on and represent you through court proceedings at the Melbourne Registry of the Federal Circuit and Family Court of Australia.
What It Costs
Costs depend on whether the matter is resolved by agreement or requires court proceedings. Speak to our team for an estimate before you commit to anything.
What Happens After
Once consent orders are made or a binding financial agreement is signed, the property settlement is final and generally can’t be revisited, even if circumstances change later. We’re available for advice on anything that comes up during implementation, such as transferring title or splitting superannuation.
Sumita Dass · Founder & Principal Solicitor
Why Choose Summit Legal Services
Summit Legal Services is a Melbourne-based boutique legal practice with its office in Mount Waverley. Founder and Principal Solicitor Sumita Dass brings over 20 years’ experience advising on complex financial and regulatory matters, and the firm’s family law service covers financial agreements and asset protection alongside property settlement, so advice on your settlement can also account for how it interacts with any existing agreements or business structures.
What Clients Say
“I am extremely grateful for the outstanding support and guidance I received throughout my family law matter. Sumita was professional, compassionate, and highly knowledgeable. She took the time to explain every step of the process clearly, kept me informed at all times, and provided practical advice that helped me make informed decisions during a very stressful period.”
S.E.K (Google Review)
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Frequently Asked Questions
Married couples generally have 12 months from when their divorce becomes final. De facto couples have 2 years from the date of separation. Missing the deadline means you need the court’s permission to proceed, which isn’t automatic.
No. Most property settlements are reached by agreement and then formalised through consent orders, which are filed with the court but don’t require a hearing. Court proceedings are generally a last resort when agreement isn’t possible.
Yes. Superannuation is treated as property under the Family Law Act and can be split between parties, even though it can’t be accessed until retirement age.
Full and honest financial disclosure is a legal requirement for both parties. If someone refuses to disclose, the court has powers to compel it, and a settlement reached without proper disclosure can potentially be challenged later.
Generally no, once consent orders are made or a binding financial agreement is signed, it’s final. This is why getting it right before signing matters more than trying to fix it afterwards.
No. Our office is in Mount Waverley, but we act for clients across greater Melbourne. Since all Victorian family law matters go through the same court, the Melbourne Registry, your location within Melbourne doesn’t affect your matter.
Related to This
Separation often raises other legal questions at the same time. If you have an existing will, it’s worth reviewing it after separation, since it may still name your former partner unless updated. See our Wills and Estates service.