Property Settlement Lawyers Melbourne

Do You Need a Lawyer for Property Settlement?

Yes. While informal arrangements may seem simpler at first, they often leave you unprotected in the long term. Engaging an experienced family lawyer and expert property settlement lawyer ensures that your rights are protected, all relevant assets are accounted for, and any agreement reached is legally binding and enforceable which gives you security and peace of mind going forward.

Our property settlement lawyers in Melbourne will assist you with:

• Understanding your rights and obligations
• Identifying all assets and liabilities in the property pool
• Determining appropriate valuations
• Assessing non-financial contributions and the care of children
• Exploring options for spousal maintenance
• Negotiating between Lawyers to settle
• Attending Mediation and obtaining advice to settle
• Formalising Agreements for Settlement
• Applying to the Family Court or Federal Circuit and Family Court of Australia, if necessary

Whether you need assistance with initial advice or court representation, we can support you every step of the way.

Key Factors Considered in Property Settlements

The law does not follow a simple 50/50 rule. Instead, the Family Law Act 1975 sets out a four-step approach to determine a fair and equitable outcome:

1. Identify and value the asset pool
   This includes all property, regardless of whose name it is in—homes, apartments, cars, savings, investments, superannuation entitlements, businesses, shares and bank accounts.
2. Consider contributions made by both parties
   These include financial contributions (such as income and asset acquisition) and non-financial contributions (such as raising children or renovating a home).
3. Assess future needs
   This involves evaluating the age, health, income earning capacity, and care of children for each party, as well as any entitlement to spousal maintenance.
4. Ensure the outcome is just and equitable
   The final division must be fair in all circumstances, not just mathematically equal.

Our divorce property settlement lawyers and expert family lawyers use this legal framework to guide negotiations and ensure that all aspects of your case are thoroughly considered.

If Barrister specialist advice is required, we are ready and able to brief specialist Barristers to further advice, particularly on complex, long standing relationships or in large pools of assets.

Timelines for Property Settlements

Strict time limits apply in property settlements. If you were married, you must commence proceedings within 12 months of your divorce. For de facto relationships, the deadline is two years from the date of separation.

Missing these timeframes can prevent you from making a legal claim, so it’s essential to seek legal advice early—even if you’re still negotiating informally.

Property Settlements for De Facto Relationships

You don’t need to be married to seek a property settlement. If you were in a de facto relationship—typically living together for at least two years—you may be entitled to the same rights as married couples under the Family Law Act.

Our team can help you determine your eligibility, assess your entitlements and lodge an application for a fair property division. We offer discreet and professional support tailored to your personal circumstances.

Superannuation and Property Settlements

Superannuation entitlements are often overlooked, but they play a crucial role in long-term financial stability—especially when there is a significant disparity in earnings or age between the parties.

Superannuation can be split as part of the financial settlement, either by agreement or court order. This ensures that both parties retain access to retirement funds in a way that reflects their contributions and future needs.

We help clients navigate the technical rules involved in superannuation splitting, ensuring compliance with the law and protecting your financial future.

Spousal Maintenance and Future Financial Needs

In some cases, one party may be required to support the other financially after separation. This is known as spousal maintenance and is assessed based on:

• The income and financial capacity of each party

• Their respective expenses

• Health and ability to work

• Responsibility for the care of children.

Whether you’re seeking or responding to a claim, our expert family law lawyers and property settlement lawyers can assess your eligibility and represent you in negotiations, Mediation or court proceedings.

Negotiating a Property Settlement Agreement

Whenever possible, we aim to resolve property matters outside of court. Negotiating a financial settlement through collaborative law, mediation or lawyer-led negotiation can save time, money and emotional stress.

We are able to advise and engage in pre-litigation Mediation to settle and resolve property settlement matters and save on costly litigation, delay and stress to the parties.

Once an agreement is reached, we help you formalise it through a Binding Financial Agreement or a Consent Order lodged with the Family Court. These documents make your agreement legally enforceable and protect you from future claims.

If an agreement can’t be reached, our expert family lawyers and our divorce property settlement lawyers are experienced in representing clients in court to ensure a fair outcome.

Why Choose Velos & Velos Lawyers?

At Velos & Velos Lawyers, we’re more than just legal experts—we’re compassionate advisers who understand the personal challenges of a relationship breakdown. Our team is dedicated to delivering:

• Practical, honest and tailored advice on your unique circumstances
• Timely responses where you are informed on progress of negotiations
• Clear communication with you and progress on your instructions to effect settlement
• Arranging Mediation to avoid costly litigation
• Transparent cost structures
• A commitment to achieving the best possible outcome

We understand that no two cases are the same. Whether you’re seeking to protect your wealth, secure housing for your children or move on with peace of mind, we’ll provide the legal support you need.

Convenient Access and Local Expertise

Looking for property settlement lawyers near me? Velos & Velos Lawyers is conveniently located in Melbourne and offers in-person consultations, phone and video appointments to suit your schedule. We work with clients across Victoria, Australia and overseas, and we’re ready to help you understand your options and assert your legal rights.

Take the First Step Towards Resolution

If you’re dealing with a property settlement following separation or divorce, don’t go it alone. Getting early advice from an expert family lawyer and experienced property settlement lawyer can help you protect your interests and secure a stable future.

Call Velos & Velos Lawyers today on 3 8379 1000 to book a confidential consultation or use our online form to get started. We’ll explain the process, outline your options and give you the confidence to move forward in order to best achieve your aims and objectives.

Understanding the Role of Property Settlement Lawyers

Property is often among the most significant assets individuals, Companies, Trusts or businesses own. As such, dividing or settling property rights, whether due to a sale, divorce, or inheritance, can be complex and create legal challenges. This is where property settlement lawyers play an essential role. Here we’ll look at what property settlement lawyers do, how they work, and the various issues they help resolve.

What do property settlement lawyers do?

Property settlement lawyers specialise in the laws and processes related to the transfer or division of property ownership. Their primary role is to protect each client’s legal and financial interests during property transactions. These legal professionals oversee a range of tasks when clients seek legal advice, including:

Negotiating and drafting agreements. Property settlement lawyers negotiate terms and draft legal documents, such as settlement agreements and property transfer documents, ensuring all legal requirements are met for the protection of their clients.

Legal advice – property settlement lawyers provide legal advice on property rights, division of assets, and obligations under the law.

Dispute resolution – in cases of a property dispute, property settlement lawyers work to resolve these issues through negotiation, mediation or, if necessary, legal proceedings.

Representation in court – if a property settlement fails to settle and case goes to court, property settlement lawyers represent their clients, advocating for their interests in order to obtain the best outcome in the special circumstances in each case.

How do property settlement lawyers work?

The work of a property settlement lawyer typically involves several stages:

Initial consultation. This stage involves understanding the client’s situation, objectives and any specific challenges facing the client.

Research and analysis. A property settlement lawyer will research and analyse relevant laws and regulations and assess all documentation related to the property in question.

Strategy development. Based on their findings, property settlement lawyers develop a legal strategy tailored to the client’s needs.

Negotiation and mediation. Lawyers specialising in property settlement negotiate with other parties involved in the settlement, aiming to reach an amicable agreement, if possible.

Documentation and finalisation. Once an agreement is reached, property settlement lawyers draft the necessary legal documents and oversee the finalisation of the settlement process.

What issues do property settlement lawyers resolve?

Property settlement lawyers deal with a variety of issues, including:

Divorce settlements: One of the most common reasons people seek the services of a property settlement lawyer is during divorce proceedings, where the division of marital assets is required. The Family Law Act 1975 deals with the division of property after the breakdown of a marriage. A two-year time limit applies for de facto relationships. After that, special permission from the court is required to proceed with a property settlement for de facto relationships.

Estate settlements. Property settlement lawyers assist in dividing and distributing property as part of estate settlements and wills.

Property disputes. These include disputes between landlords and tenants, neighbours, or any other property-related disagreements.

Sale or purchase of property. Property settlement lawyers help in the legal aspects of buying or selling property, ensuring that each client’s rights are protected.

Summarising the services that property settlement lawyers provide

Property settlement lawyers ensure fair and lawful property transactions and divisions. Whether it’s a straightforward property transfer or a complex dispute, these legal professionals use their expertise to navigate the intricate landscape of property law. Their work helps resolve conflicts and facilitate transactions. It provides peace of mind to their clients, knowing that their property rights are in capable hands.

Velos & Velos Lawyers and their expert settlement lawyers are indispensable allies in any property-related legal matter, providing guidance, protection and resolution in what can often be a challenging journey.

Contact us for guidance from property settlement lawyers Melbourne

If you need assistance with property settlement, contact us on 03 8379 1000 or use the form on the Contact page linked above.

As family lawyers in Melbourne, we can assist you with a range of family legal matters, including:

• Wills and Estates – learn more about our services as Wills and Estates Lawyers in Melbourne.

• Family Law – visit our Family Lawyers Melbourne page for a complete description of our family law services.
• Spousal maintenance – learn more in Spousal Maintenance in Australia – A Short Guide.
• Property Settlement – learn more about our services as Property Settlement Lawyers in Melbourne.