Property Settlement and Financial Separation
Clear, practical advice on dividing your home, super, savings and debts, and making the result final. Based in Ascot Vale, acting for clients across Melbourne.
When you separate, the money questions come quickly
Can I stay in the house? Will I lose half my super? Who pays the mortgage until this is sorted? What happens to the credit card and the car loan?
We act for people who were married and people who were in a de facto relationship, whichever side of the separation you are on. The aim is a fair division that you understand, reached without spending more on lawyers than you need to, and made final so you can move forward with confidence.
Is it always split 50/50?
No. There is no automatic 50/50 rule. The law asks what is fair in your particular circumstances, and that’s determined by these steps:
Work out what there is to divide.
Everything either of you owns or owes, whether in your own names, jointly, in a trust or some other structure. We aim to agree with your former partner on value for each asset and liability, but if that’s not possible, we obtain formal independent valuations.
Look at what each of you contributed.
We look at your circumstances at the beginning of the relationship, what you contributed during the relationship and any contributions that may have occurred since separation. Income and savings count, and so does looking after the home and raising children. We also consider inheritance, family gifts, redundancies and the like.
Look at what each of you will need.
Here we consider each person's income and earning capacity, health, the care and housing needs of any children, and the economic effect of any family violence.
Check the outcome is fair.
The final division must be just and equitable for both of you.
We explain where you are likely to land before you negotiate, so you can make informed decisions during the process.
Keeping or selling the family home
The home is often the biggest asset and the hardest decision. One of you may buy the other out, or you may sell and divide the proceeds. We work through whether a buy-out is realistic, including refinancing the mortgage into one name.
In Victoria, a transfer of property between separating spouses or domestic partners can be exempt from stamp duty when it is made under court orders or a binding financial agreement. We make sure the paperwork qualifies.
Superannuation
Super is treated as property. It can be divided like any other asset, with part of one person's balance moved into the other's fund. Super splits can be made in industry, retail, public sector and self-managed funds. We work out the funds’ requirements and make sure the split is carried out.
Self-managed fund that owns business premises? See Separation for business owners.
Debts
Debts are divided too. The mortgage, personal loans, credit cards and tax debts all form part of the property pool. We work out who should carry each one and how to protect you from debts that stay in joint names.
If your partner controlled the money
You may not know what is in the accounts, what the super is worth or where money has gone. You are entitled to find out. Both of you have a legal duty to give full and frank financial disclosure, and the court can take a failure to disclose into account.
Where one partner controlled the finances or stopped the other from working, that may be a form of family violence at law, and its economic effect can be considered in the family law settlement.
If you are concerned that assets may be sold or moved without your consent, the court can make urgent orders to stop that occurring. Speak to us early if you are worried.
Support while it is being sorted
If you cannot meet your reasonable living expenses after separating and your former partner can afford to help, you may be able to ask for spousal maintenance. The payment and amount of spousal maintenance can be agreed, or ordered by the court, to cover the period until the property settlement is final.
Making it final
An informal agreement, even one written down, does not stop either of you making a claim later. To close things off, your settlement needs to be made legally binding. There are two ways to do that:
Consent orders
You file your agreement with the Federal Circuit and Family Court of Australia, and the court makes orders according to your agreement if the terms are fair according to family law. Most couples use this route, and you usually do not need to attend court.
A binding financial agreement
A private agreement that does not go to court. Each of you must get independent legal advice before signing, and strict requirements apply. These agreements suit some situations, such as protecting particular assets, but they are easier to challenge if they are not done carefully.
If you cannot agree, we represent you in court. For smaller property pools (currently $550,000 or less not counting super) the court runs a simpler, faster process designed to keep costs in proportion.
When children or a business are involved too
Children. Property and parenting are separate legal questions, but they often run side by side, and the arrangements for children are relevant to what’s fair in a financial settlement. We advise on both together. Children and parenting arrangements
A business, trust or self-managed super fund. When one of you owns a business, or your assets sit in a family trust, company or self-managed super fund, you need a lawyer who has commercial experience. The business has to be valued, the trust examined to see who really controls it, and the tax impacts considered. We work with your accountant and an independent valuer so the settlement is fair without damaging the business. Separation for business owners
A family firm, with our names on the door
Conlan Cummings is a family-owned practice. Gerard Conlan, who has practised law since 1971, founded the firm and remains with it as a consultant. His daughter, Elizabeth Cummings, is now the Principal. Their names are on the door, and that is why we take every matter personally.
When your home and financial security are at stake, you need one experienced lawyer who knows your situation. We aim for the same lawyer to work with you from the first conversation to the final orders, and they are easy to reach when you need them.
We are a close-knit practice. You can expect warmth, calm direction and honest advice about where you stand, including when the news is not what you hoped.
Our family law team
Your first conversation will usually be with Raffaella Cossalter, a Senior Associate in our family law team. She qualified as a solicitor in South Africa, moved to Australia in 2006 and joined Conlan Cummings in 2020. She acts in property matters from amicable agreements made legally binding to complex, contested disputes, including property sales and superannuation splits, and in urgent matters such as spousal maintenance and injunctions to protect assets. Raffaella on LinkedIn
She works alongside our Principal, Elizabeth Cummings, and Kent Jones, a lawyer who previously worked as a senior accountant. Each of them acts in property matters, so you have the depth of the whole team behind you.
How it works
- Free initial chat.
Call or send an enquiry, and you will speak with one of our lawyers at no cost. If you need detailed advice, we book a first consultation.
- A clear picture.
We gather the financial information and work out what is in the property pool and what it is worth.
- Advice on a fair outcome.
We tell you where you are likely to land, so you can negotiate with confidence.
- Agreement.
We negotiate with your former partner or their lawyer, or prepare you for mediation.
- Making it final.
We draft consent orders or a financial agreement, and see the transfers and super splits through.
- After settlement.
Our wills and estates team, Elizabeth Cummings, Simon Curry and Imogen Power, can update your will, powers of attorney and super nominations to match.
Common questions
Do I need to be divorced before we divide property?
No. You can reach a property settlement at any time after you separate.
How long do I have?
If you were married, you have 12 months from the date your divorce becomes final. If you were in a de facto relationship, you have two years from the date it ended. After that you need the court's permission.
Can I stay in the house after we separate?
Usually, either of you can stay until the property is divided, unless there is an agreement or court order saying otherwise. Leaving the home does not mean giving up your share of it. Get advice before you move out or stop paying the mortgage.
What happens to our debts?
Debts are part of the property pool, just like assets, and your settlement can decide who pays each debt. But, remember that a joint loan or credit card can be pursued against either of you until it is refinanced or paid out. So, keep up repayments on joint debts if you can and get advice before you stop.
Who keeps the family pet?
Since June 2025, the court can decide who keeps a family pet as part of a property settlement. It looks at matters such as who cared for the animal, each person’s attachment to it and any history of animal abuse or family violence. The court cannot order shared ownership, so only one of you will keep the pet (unless you can agree otherwise).
What happens to an inheritance or gift from my family?
It is not automatically excluded. It is usually treated as a contribution by the person who received it. How much weight it carries depends on when it arrived and how it was used.
We agree on everything. Do we still need a lawyer?
You do not have to use one, but your agreement needs to be made binding to protect you, and getting that wrong is expensive to fix. We can draft consent orders for terms you have already agreed.
Does separating change my will?
In Victoria, separating does not cancel your will, so a former partner may still inherit or act as your executor. A divorce cancels parts of a will that benefit your former spouse, but not everything. Update your will as soon as you separate.
What will it cost?
Your first chat with one of our lawyers is free, with no obligation. If you then want detailed advice, we tell you the cost of a first consultation before you book it. Before any further work starts, you receive a written estimate of costs.
Talk to us in confidence
If you are separating, or think you might be, an early conversation helps you understand where you stand. Call 03 9375 2616 or send an enquiry, and our reception team will arrange a free initial chat with one of our lawyers. Everything you tell us is confidential. Our office is at 554 Mount Alexander Road, Ascot Vale, and we act for clients across Melbourne.
- Free initial chat with a lawyer
- No obligation
- Confidential from the first call
- By phone or video
This page is general information, not legal advice.