Understanding Property Settlements & Protecting Your Assets in a Divorce


Facing a divorce in Australia is difficult enough, but the challenge intensifies when dividing property comes into play. The first thing to understand about property settlements is that they are legally binding agreements that outline the division of assets between two individuals after a marriage breakdown. With so much at stake, it is important to gain a comprehensive understanding of property settlements to protect your assets and secure a favourable outcome. In this blog post, we’ll cover the basics of property settlements in Australia and provide tips and resources to help you navigate through this complex process.

In Australia, property settlements can only be finalized once a couple is officially divorced. The Family Law Act of 1975 outlines the principles that determine how property settlements are divided between two parties. Under this law, assets are distributed based on a set of factors such as the duration of the marriage, both parties’ contributions to the relationship (financial or otherwise), future earning capacity, and parenting responsibilities.

It’s important to note that not all assets are treated equally and some may hold priority over others. In addition to assets, liabilities and financial resources can also be taken into consideration during property settlement processes. It’s recommended that individuals seek legal representation from a family law attorney to ensure fair and successful negotiations.

One important step to take to protect assets during a property settlement is to keep track of all financial transactions during the marriage. This documentation can be used as evidence of both parties’ contributions during the process. Additionally, disclosing all assets is critical, including those acquired by both parties before and after the marriage. Hiding or withholding assets can result in legal penalties.

Another important aspect of property settlements is spousal maintenance. Spousal maintenance is the term used to describe payments made from one party to the other to meet their reasonable expenses after the relationship has ended. Factors such as age, income, and health can also play a role in determining maintenance payments. It’s essential to seek proper legal advice on this matter since it can affect the division of assets.

Going through a divorce can be a stressful and challenging experience. When it comes to property settlements, it’s important to take the necessary steps to protect your assets. By seeking legal representation, disclosing all assets, documenting financial transactions, and understanding spousal maintenance, you can secure a favourable outcome and protect your future. At, our dedicated team of family law attorneys has the experience and knowledge to guide you throughout the process. Contact us today to learn more about how we can assist you.

Abel Eino
the authorAbel Eino