Our Services

Property

Looking For A Property Lawyer In Geelong? Our Experienced Family Lawyers Can Help

Separating from your partner can be one of life’s most challenging experiences, particularly when it comes to dividing your assets and financial responsibilities. Whether you were married or in a de facto relationship, reaching a fair property settlement is extremely important.


At Cornish Lawyers, our experienced property lawyers in Geelong provide practical, strategic advice to help you navigate the property settlement process. We take the time to understand your circumstances, explain your legal rights and obligations, and work towards achieving a fair and equitable outcome.


Where possible, we help clients resolve property matters through negotiation and agreement. When necessary, we provide strong representation through mediation or Court proceedings to protect your interests.


What Is A Property Settlement?

A property settlement is the legal process of dividing the assets, liabilities and financial resources accumulated during a marriage or de facto relationship.


Contrary to popular belief, property settlements are not limited to the family home. They  include all assets and liabilities that were accumulated during the relationship.  They also include assets that each party brought into a relationship.  These assets include:



  • Real estate owned or partially owned by either party

  • Investment properties owned or partially owned by either party

  • All bank accounts including money in only one partner’s name

  • Superannuation

  • Businesses, partnerships and company interests

  • Trusts and investments

  • Motor vehicles and caravans

  • Shares and other investments

  • Mortgages 

  • Credit card debts

  • Personal loans


Every financial situation is different, which is why obtaining advice from an experienced property lawyer Geelong is essential before making decisions about your future.


 is essential before making decisions about your future.


Who Can Apply For A Property Settlement?

Under the Family Law Act 1975, both married and eligible de facto couples can apply for a property settlement following separation.


You may be entitled to seek a property settlement if:



  • You were married

  • You were in a de facto relationship, generally for two years or more.

  • You have a child together.


Even where assets are held in one person’s name, they may still form part of the overall property settlement.


Our experienced Geelong solicitors can advise whether you are eligible and explain the options available to you.


How Is Property Divided After Separation?

Many people believe property is automatically divided equally after separation. In reality, the Court considers a range of factors to determine what a just and equitable settlement is.


Generally, the property settlement process follows four key steps.


Step 1 – Identify The Asset Pool

The first step is identifying the total value of the property pool.

This includes all assets, liabilities and financial resources owned by either party, whether jointly or individually.

Full and honest financial disclosure is required throughout the process.

Step 2 – Assess Contributions

The Court then considers the contributions made by each party throughout the relationship.Contributions may be financial but they also include looking after children and homemaking. 

Contributions may include:

  • Assets that each party entered the relationship with
  • Income earned during the relationship
  • Gifts and inheritances that one party received 
  • Contributions towards the house
  • Parenting 
  • Renovating or improving property
  • Supporting the other party’s career or business

Step 3 – Consider Future Needs

The Court also considers each person’s future circumstances, including:

  • Age
  • Health
  • Income earning capacity
  • Care of children under 18
  • Financial resources
  • Ability to obtain employment

These factors help determine whether one party may require a greater share of the asset pool.

Step 4 – Ensure The Outcome Is Just and Equitable

Finally, the Court considers whether the proposed settlement is just and equitable in all the circumstances.

At Cornish Lawyers, our experienced property lawyers in Geelong will provide practical advice about the likely range of outcomes based on your individual circumstances, allowing you to make informed decisions before reaching an agreement.

Property Settlements For De Facto Relationships

Many people mistakenly believe property settlement laws only apply to married couples. This is incorrect. Indeed, de facto partners have similar rights to married couples under the Family Law Act 1975.


If your de facto relationship has ended, you may still be entitled to seek a property settlement depending on factors such as:



  • The length of the relationship

  • Whether you have children together

  • Financial contributions made by either party

  • Non-financial contributions to the relationship


Our Geelong solicitors regularly advise clients on de facto property settlements and can help you understand your legal entitlements.


Consent Orders Or Binding Financial Agreements?

Once an agreement has been reached, it is important to formalise the settlement to provide certainty and protect both parties.


Our experienced property lawyers in Geelong can explain the advantages of each option and recommend the most appropriate solution for your circumstances.


Consent Orders

Consent Orders are reviewed by and approved by the Court and thereafter become legally binding. When a party breaches an order, the other party can go to the court to have this order enforced.  Consent Orders provide certainty while avoiding the stress of contested Court proceedings.

Binding Financial Agreements

A Binding Financial Agreement is a contract between the parties that privately documents their financial settlement. A Binding Financial Agreement does not require Court approval. Both parties are required to receive independent legal advice.

Property Settlement Mediation

Most property settlement disputes can be resolved without going to court. Mediation provides an opportunity to negotiate a financial settlement with the assistance of an independent mediator.


Benefits of mediation include:



  • Lower legal costs

  • Faster resolution

  • Greater flexibility

  • Reduced conflict

  • More control over the outcome


Our Geelong solicitors can prepare you for mediation, negotiate on your behalf and ensure any agreement properly protects your interests.


When Court Proceedings Become Necessary

While many matters resolve through negotiation or mediation, some disputes require Court intervention.


This may occur where:



  • One party refuses to negotiate

  • There are concerns about hidden assets.

  • Financial disclosure has not been provided

  • Complex business or trust structures exist

  • Urgent orders are required


If litigation becomes necessary, our experienced property lawyer team in Geelong will represent your interests at every stage of the proceedings while continuing to explore opportunities for settlement wherever possible.


Frequently Ask Questions

A property settlement is the legal process of dividing the assets, liabilities and financial resources of a marriage or de facto relationship after separation. Every property settlement is different and should reflect the unique circumstances of each relationship.

No. Most property settlements are resolved without going to Court via Consent Orders or a Binding Financial Agreement. Many separating couples reach an agreement through negotiation or mediation to reach agreement.

There is no automatic 50/50 split. When determining a property settlement, the Court considers: The total asset pool Financial and non-financial contributions made by each party Future financial needs Whether the proposed outcome is fair, just and equitable Every matter is assessed on its individual circumstances.

A property settlement will include all assets and liabilities of the relationship. This may include: The family home Investment properties Savings and bank accounts Superannuation Businesses Trusts Shares and investments Motor vehicles Personal belongings Debts and liabilities It is important that all assets and liabilities are disclosed before a property settlement is finalised.

Yes. Superannuation is generally treated as part of the overall asset pool and may be divided between parties through a superannuation splitting order or financial agreement where appropriate. Our experienced property lawyers in Geelong can advise whether superannuation splitting is relevant to your circumstances.

Yes. Eligible de facto couples generally have the same rights as married couples when seeking a property settlement under the Family Law Act 1975. Time limits do apply, so obtaining legal advice as early as possible is recommended.

Strict time limits apply. Married couples generally have 12 months from the date their divorce becomes final in order to obtain a property settlement. De facto couples generally have 2 years from the date of final separation. Applications made outside these time limits may require permission from the Court.

If your former partner refuses to negotiate, fails to provide financial disclosure or disputes the proposed settlement, there are several legal options available. Our Geelong solicitors can negotiate on your behalf, represent you during mediation or commence Court proceedings where necessary to protect your interests.

Speak With Our Property Lawyers In Geelong

At Cornish Lawyers we offer a free consultation so that you can discuss your family or property law rights with an experienced lawyer. Don't hesitate to take advantage of this opportunity to consult with our knowledgeable family lawyers in Geelong.

Get in touch
Liability limited by a scheme approved under Professional Standards Legislation