Property Settlements
Our team of property settlement lawyers in Adelaide provide clear, practical advice and strong representation across all types of financial matters, from straightforward divisions of assets to complex cases involving businesses, trusts, and superannuation. Our focus is on protecting your interests now and ensuring your long-term security.
A property settlement is the legal process of dividing assets, liabilities, and financial resources following the breakdown of a marriage or de facto relationship. Many people assume property is automatically split 50/50, but under Australian law, there is no set formula. Instead, the Court or your lawyers consider several factors, including:
- Identifying and valuing the property, assets, and debts of both parties
- Each party’s financial and non-financial contributions (such as income, homemaking, and childcare)
- Future needs, including age, health, earning capacity, and responsibilities for children
- Ensuring that the overall outcome is just and equitable
A property settlement can cover everything from the family home, vehicles, and bank accounts, to superannuation, businesses, investments, and even liabilities like mortgages, credit cards, and tax debts.
Working with an experienced property settlement lawyer ensures that your settlement protects your rights, minimises disputes, and provides security for your future.
Our Property Settlement Services
Our property settlement lawyers provide comprehensive support to help you reach a secure outcome. We can assist with:
- Guiding you through discussions with your former partner and preparing legally binding property settlements.
- Advising on the division of assets and liabilities, including homes, investments, superannuation, businesses, and debts.
- Handling complex financial matters that involve trusts, companies, self-managed super funds, or significant investments.
- Working to resolve disputes through mediation and negotiation, saving you stress and costs wherever possible.
- Providing strong court representation if your matter proceeds to litigation.
- Ensuring your future protection by safeguarding financial interests, particularly in cases involving children or ongoing obligations.
How do I pay my legal fees?
Mahony’s Lawyers will work with you regarding payment of your legal fees. We offer various options one of them being our partnership with Justfund.
A Smarter, Flexible Way to Fund Your Family Law Matter
We understand that when you’re navigating a separation or relationship property matter, the financial strain can sometimes stand in the way of getting the legal support you need. That’s why we’ve partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees.
Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or relationship property proceedings. You don’t have to repay the loan until you reach a settlement, which we hope reduces the stress associated with paying costs upfront.
Contact us for more information, or visit JustFund.com.au or apply here with Justfund’s express form
Frequently Asked Questions
What are your options for payment of legal fees for family law matters?
At Mahony’s Lawyers we understand the financial strain of separation and property disputes. We offer a range of options regarding payment of your legal fees. Our family lawyers will take you through these options in the initial, no obligation first free consultation.
Mahony’s Lawyers have partnered with JustFund – Australia’s only dedicated provider of flexible funding solutions for family law legal fees. Through this partnership, eligible clients can access a flexible line of credit to cover legal fees and expenses related to separation or property proceedings. Repayments don’t begin until a settlement is reached, helping to ease the stress of upfront costs. Learn more at JustFund.com.au.
Do I need to be divorced before starting a property settlement?
No, you don’t have to wait for your divorce to be finalised before negotiating a settlement. Our property settlement lawyers can assist you as soon as separation occurs to protect your interests early.
What is included in a property settlement?
A property settlement covers the division of assets, liabilities, and superannuation. This can include real estate, vehicles, bank accounts, investments, businesses, debts, and more.
Is property always split 50/50?
No, there is no automatic formula. The division depends on factors such as financial and non-financial contributions, and future needs.
What happens if my former partner won’t cooperate?
If negotiation isn’t possible, mediation or court may be required. Our team will represent you throughout the process to help achieve the best result.
Are there time limits for property settlement?
Yes, married couples must resolve or commence property settlement proceedings within 12 months of a divorce being finalised. For de facto couples, the time limit is two years from the date of separation. Acting promptly with the guidance of an experienced lawyer ensures your position is protected.
