Property and financial settlements

Some commonly asked questions about property and financial settlements

  • The total value of all of the assets and liabilities, including joint and individual assets. This is a complicated process that must give consideration to taxation issues and whether assets have appreciated or depreciated.
  • The contributions made by each party, including both financial (eg income) and non-financial contributions (eg being a stay-at-home carer to children). The court will take into account any assets that either party owned prior to the relationship.
  • The future needs of each party. Among other things, the court will take into account the age and health of each person, the capacity of each party to earn money, the property and assets belonging to each party, the existence of any new relationship that might change the financial circumstances of one party, and importantly, the parenting responsibilities where children are involved.
  • Whether the division of assets and finances is just and equitable.

It is generally within 12 months of a divorce becoming finalised, or within two years from the date of separation for a de facto relationship.

It is always preferable to negotiate an agreement out of court. If you have come to an agreement then you can file an application for consent orders with the Family Court in order to make your agreement legally binding. Stacks can help you to reach a fair agreement with your former spouse or partner, and draft and file the appropriate documentation with the court. Once approved, the court will seal the consent orders, making them binding and legally enforceable.

Mediation is a form of dispute resolution that allows you to discuss openly what you want to achieve, including property settlement, arrangements for your children and child support. It is a flexible settlement tool and can be either formal or informal, where a mediator helps you to identify and resolve points in dispute. It can help you to understand your former partner’s goals in the property settlement, and get things “on the table”. If you can agree, then this will be formally documented through written consent orders.

Our experts

Postcode

News

Pursuing a breach of property orders in family law
17 Mar
A client recently asked about her family law situation and her former partner: "He ignores...
Read More
She made his life hell but still got a chunk of his estate
15 Feb
An ex-wife who vowed she would make “what was left” of her ex-husband’s “wretched ...
Read More
Helping your business survive through death and divorce – family law and estate planning strategies
14 Feb
In a business context, the failure of a marriage or de facto relationship or the death, ...
Read More
Relocating to another state with your child after divorce: steps you can take
27 Jan
So you’ve met the partner of your dreams and want to live happily ever after, but ...
Read More
What happens to your business when you get divorced?
27 Jan
Whether you are married or in a de facto relationship, divorcing or separating from your ...
Read More
Documenting agreements in family law – parenting plans, consent orders and binding financial agreements
18 Jan
Recently we published the article Five good reasons to try to resolve your family law ...
Read More
The importance of emotional intelligence for lawyers
20 Dec
Growing up and then coming to study law, I had always worried that my tendency to ...
Read More
Family lawyers urged to steer clients towards private mediation
09 Dec
In the years I have practised in family law I have become convinced of the many benefits ...
Read More
Ten point checklist to update your estate planning
08 Dec
New year’s resolutions usually last as long as the beer and cake left over from the ...
Read More
Five good reasons to try to resolve your family law property and parenting disputes through private mediation
17 Nov
So you’ve separated from your husband, wife or partner. Your stress and anxiety is ...
Read More
Protecting the family farm with a family trust – universal panacea or double-edged sword?
07 Oct
One of the best ways to protect your assets is through a family trust. However, trusts are...
Read More

Why Stacks


No hidden fees
Nobody likes surprises on their bills, so we take the time to agree with you exactly what our work will cost before we do it (not after!)

Deep expertise
Our lawyers aren’t ‘general practitioners’, they’re experts in their chosen fields of practice (many are Accredited Specialists)

Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence


Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve

Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931

Progressive practice
We invest in technology and systems so that our services are always cost effective and clients are in control of their own legal affairs

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Fill out this form and one of our experts will contact you
within one business day

By submitting this form you agree to the terms of our Privacy policy

Need help? We’re here to assist