Separated and need to divide your property, super and debts fairly? We guide you from first advice to final orders — by agreement wherever possible, and firmly in Court when it's not.
A property settlement is the legal division of everything you and your former partner own and owe — the family home, savings, superannuation, businesses, vehicles and debts — after a marriage or de facto relationship ends. It is separate from your divorce, and it applies to de facto couples too.
At Waters & Co in Epping, we help you reach a fair outcome without unnecessary conflict or cost — and we protect your position if the other side won't be reasonable.
There's no automatic 50/50 rule. Whether you settle by agreement or a judge decides, the same four-step approach is used — and knowing it is what stops you accepting less than you're entitled to:
Everything you own and owe, in either name — home, super, savings, businesses, vehicles and debts.
Financial and non-financial — including income, initial assets, and work as homemaker and parent.
Care of children, health, age and each person's capacity to earn going forward.
The Court stands back and asks whether the overall result is just and equitable.
We assess your asset pool and explain what a fair split looks like for your situation.
We put your position to the other side and work toward agreement — most matters settle here.
We draft consent orders or a binding financial agreement so the deal is legally locked in.
If agreement isn't possible, we prepare and run your case in the Federal Circuit & Family Court.
We're on High Street in Epping and act for people across Melbourne's north — Lalor, Mill Park, South Morang, Mernda, Craigieburn and beyond. Because a property settlement is largely advice, negotiation and drafting, you don't need to come in: we offer online consultations by video or phone so you can protect your position without the trip.
Married couples generally must apply within 12 months of a divorce becoming final; de facto couples within 2 years of separation. Time limits are strict — speak to us early.
Usually not. Most settlements are resolved by negotiation and formal consent orders. Court is a last resort when agreement can't be reached.
No. The Court weighs each person's contributions and future needs — it's assessed case by case, not automatically halved.
It follows a four-step approach: work out the total asset pool, weigh each person's financial and non-financial contributions (including as homemaker and parent), adjust for future needs such as care of children, health and earning capacity, then check the overall split is just and equitable.
Generally everything you own and owe, no matter whose name it's in — the home, savings, superannuation, businesses, trusts, vehicles, inheritances and debts. We help identify and value the full pool so nothing is hidden or overlooked.
Superannuation is treated as property and can be split between you by agreement or Court order. It doesn't get paid out as cash — it's usually transferred into the other person's super fund.
Largely, yes. De facto partners have similar property rights to married couples in Victoria, provided you meet the definition of a de facto relationship. The main difference is the time limit — 2 years from separation.
Your first consultation is a fixed fee with no obligation. We give you a clear costs estimate before any further work begins, and most matters settle by agreement, which keeps costs down.
Talk to Waters & Co in Epping — clear advice, fixed-fee first consult, no obligation.
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