A property settlement is the legal process by which separated couples divide their assets, liabilities, and financial resources. In Australia, property settlements are governed by the Family Law Act 1975 for married couples and de facto couples. It covers all assets — including the family home, investment properties, savings, superannuation, vehicles, businesses, and debts — regardless of whose name they are in. R+M Law assists clients in Canberra, Queanbeyan, and Yass to achieve fair property settlements.

Strict time limits apply to property settlement claims. Married couples must apply within 12 months of their divorce becoming final. De facto couples must apply within 2 years of separation. Missing these deadlines can permanently extinguish your right to a property settlement. Additionally, assets can be dissipated, transferred, or hidden after separation. Early legal advice protects your rights and ensures you have a complete picture of the asset pool before negotiations begin.

Australian courts apply a four-step process:
(1) Identify and value the entire asset pool — property, savings, super, debts, and any other financial resources.
(2) Assess each party's financial contributions (income, savings, inheritance) and non-financial contributions (homemaking, parenting, supporting the other party's career).
(3) Consider future needs — including income, age, health, care of children, and financial resources available to each party.
(4) Determine what is just and equitable. There is no default 50/50 split.

Yes. Superannuation is treated as property under Australian family law and can be split between parties using a superannuation splitting order. The receiving party does not get immediate access to the funds — they remain in the superannuation system until preservation age. Superannuation is often one of the most significant assets in a relationship and requires careful valuation. R+M Law works with financial specialists to ensure super is accurately assessed and included in your settlement.

If you were married, you must generally commence property settlement proceedings within 12 months of your divorce order becoming final. If you were in a de facto relationship in the ACT or NSW, you must apply within 2 years of the date of separation. These are strict deadlines — if missed, you may need to seek leave of court to bring a late application, which is not guaranteed. R+M Law strongly recommends seeking advice about your property rights as soon as possible after separation.

Yes — and most are. The most common pathways are:
(1) Negotiated agreement, formalised by consent orders filed with the Federal Circuit and Family Court of Australia (binding and legally enforceable without a full court hearing); or
(2) A Binding Financial Agreement, drafted by lawyers for both parties. R+M Law aims to resolve property matters efficiently through negotiation or mediation wherever possible, only proceeding to contested litigation as a last resort.

PEXA (Property Exchange Australia) is the electronic settlement platform used for property transfers in the ACT and NSW. Following a property settlement, one party may need to transfer their interest in real property to the other. R+M Law offers fixed-fee PEXA rates: $1,650 + disbursements for a transferor (seller/transfer out) and $1,980 + disbursements for a transferee (buyer/transfer in). Both fees are inclusive of GST.

Both parties have a duty of full and frank disclosure of all financial circumstances in Australian family law proceedings. Hiding, transferring, or disposing of assets during property proceedings is a serious breach of this obligation and can result in court orders, costs penalties, and adverse inferences being drawn against the non-disclosing party. R+M Law advises clients on disclosure obligations and on steps that can be taken if they suspect assets are being concealed.

R+M Law's family law solicitors assist with: identifying and valuing all assets, liabilities, and superannuation; advising on your likely entitlements; negotiating with the other party or their solicitor; preparing consent orders, binding financial agreements, and PEXA transfer documents; and representing you in court if a negotiated resolution cannot be achieved. We also coordinate with financial advisors, valuers, and accountants where specialist input is needed.