Separated or divorced individuals who want to achieve a fair settlement
Achieve a fair settlement that will help you maintain your standard of living, and provide for yourself and your children. All without the hassle and expense of a legal battle.
Speak with our property settlement lawyers to know how.
4.9 389 Google reviews
I would like to personally thank Wendy and Annette for taking on my complex family law matter they have been absolutely amazing to work with and are very responsive and understanding the team here takes a lot of time to care and listen and understand what's happening in your family law matter and quickly but most importantly professionally attending to it to get it heard and attended to as soon as possible.
Jayde Wright
Wendy and the team from YFL were truly amazing to deal with. I can’t thank them enough for helping me through my matter. They made it such a breeze.
Matt Pozzobon
Such great service and personal care! My family and I deeply appreciated Wendy’s support and guidance through a very tricky situation, couldn’t recommend any higher,
Gregory Thomas
You want a fair division of assets and reassurance that you won’t walk away financially disadvantaged but you are confused and not sure where to begin.
You’ve tried to self-negotiate a property settlement directly with your ex-partner, but all you got was unfair agreements and increased conflict.
You want to take your matter to court but you’re afraid that involving lawyers would only turn it into a bitter and hostile process.
You want to avoid a prolonged and stressful legal battle but your relationship with your ex-partner is already strained, which makes it even more challenging to reach an agreement.
You’ve spoken to a lawyer but you’re concerned about the excessive and unnecessary fees that could take the majority of your settlement.
Most importantly, you want to have closure and peace of mind that will allow you to start fresh and put this chapter behind you.
If you find yourself in any of these situations, we can help you.
When you engage with us, we’ll provide straightforward advice, break down complex legal concepts into easy-to-understand terms, and give you a realistic assessment of your options to help you gain clarity on where you stand in your situation.
We’ll ensure that you fully understand the process, potential outcomes, and what steps we need to take, so you can make informed decisions with confidence.
your financial stability
We’ll work day in and day out to make sure that we secure a settlement that will help you maintain your standard of living, have a place to live in, and provide for yourself and/or your children.
We’ll fight for a fair division of your property and assets including superannuation, income-generating assets, and a share of the family home.
We always provide clear and upfront estimates of costs from the start, so you know what to expect and can plan accordingly. Whenever possible, we also aim to resolve disputes through cost-effective methods like mediation or negotiation, so you can avoid the high costs of going to court.
We understand that you’ve been through enough and we don’t want to add more stress by prolonging the process unnecessarily. We’ll resolve disputes quickly and amicably, whether through cost-effective methods like mediation and negotiation.
We’ll also keep you in the loop throughout the process and support you even after settlement to help you move forward confidently.
Case Studies
We had a client come to us at the end of May 2024 after being to mediation and not being able to resolve their property dispute.
By 24 July 2024 we had negotiated an agreement between the parties to resolve the matter on a final basis and he received his settlement funds on 5 September 2024.
His total fees were approximately $7500 including transfer of title on the former matrimonial home
If you’re on the fence about talking to a
lawyer, it’s a sign you should talk to a lawyer.
Here’s why choose Yarra Family Lawyers.
Have peace of mind knowing you’re in expert hands
We have over 10 years of experience in successfully handling property settlements and we will help you achieve the best possible outcome.
Feel valued throughout the
process
We’re a small firm with a big heart. We’ll ensure that you receive a personalised and hands-on approach, where your unique needs and concerns are prioritised.
Keep the majority of your settlement
We resolve legal matters with fees that are fair and reasonable so you can keep the majority of your settlement and start a new life confidently.
Keep the majority of your settlement
We resolve legal matters with fees that are fair and reasonable so you can keep the majority of your settlement and start a new life confidently.
Never be left wondering about the status of your case
With guaranteed same-day responses to your inquiries, you’ll get timely answers to any questions you may have.
Move forward confidently with our
post-settlement support
Our commitment to you doesn’t end when your case is finalised. We continue to offer advice and guidance whenever you need it.
It’s easy to get started.
Book a free initial
consultation
We start with a free 30-minute consultation to get clarity on your situation, provide initial advice, and outline potential costs. Most of our work is done remotely, but we’re happy to meet in person at our office if that’s your preference.
We execute a solid plan to achieve a fair settlement
We’ll handle negotiations with the other party through mediation or structured discussions to achieve a fair agreement. But if it comes down to it, we’re fully prepared to fight for you in court.
Finalising your
settlement
If we reach an agreement, we’ll draft the necessary legal documents to formalise the settlement, ensuring everything is clear and legally binding. Once finalised, we’ll continue to provide support in implementing the settlement terms and move forward confidently.
How long does the property settlement process usually take?
The timeframe for a property settlement varies depending on the complexity of your assets and whether an agreement is reached amicably or through court proceedings. On average, negotiated settlements can take a few months, while court proceedings can extend to 12-18 months or more. We’ll give you an estimate based on your unique situation and keep you updated throughout the process.
What if my ex-partner isn’t willing to negotiate or disclose assets?
If your ex-partner refuses to negotiate or hides assets, we can help you take legal action to ensure full disclosure through subpoenas or court orders. Non-disclosure is taken seriously by the courts, and we’ll ensure that any hidden assets are brought to light so that you receive a fair settlement.
What happens if we can’t reach an agreement on our own?
If an agreement cannot be reached through negotiation or mediation, the next step is to apply to the Family Court or Federal Circuit Court. We’ll guide you through the court process and represent your interests to secure a fair and just outcome.
What documents or information do I need to prepare for a property settlement?
We recommend gathering financial documents, including bank statements, mortgage details, property valuations, superannuation balances, and details of any debts or liabilities. Providing a complete and accurate financial picture from the start will streamline the process and help us achieve the best possible outcome.
Can I keep the family home?
Whether you can keep the family home depends on factors like the size of the asset pool, your ability to buy out your ex-partner’s share, and what’s in the best interest of any children involved. We’ll assess your options and negotiate to help you stay in the family home if it’s a priority for you.
Will I need to go to court to finalize my property settlement?
Not necessarily. We aim to resolve property settlements through out-of-court agreements wherever possible. If we reach an agreement, we can formalize it with a Binding Financial Agreement (BFA) or Consent Orders without going to court. However, if negotiations fail, court intervention may be necessary to ensure a fair outcome.
What if we already have an informal agreement?
It’s a great start, but an informal agreement isn’t legally binding. We recommend formalizing your agreement through Consent Orders or a Binding Financial Agreement to ensure it’s enforceable and protects your rights.
What is a fair settlement, and how is it determined?
A fair settlement reflects each party’s contributions and considers their future needs. We’ll assess your unique circumstances, including your financial contributions, non-financial contributions (e.g., caring for children or homemaking), and future needs (e.g., earning capacity or health issues) to determine what constitutes a fair division.
What should I do if I’m worried my ex-partner will hide or sell assets before we settle?
If you’re concerned that your ex-partner may try to hide or sell assets, we can apply for urgent court orders to prevent them from disposing of any property until a settlement is reached. This ensures that the full value of the asset pool is preserved for a fair division.
What if I owned property or assets before the relationship?
Pre-existing assets are factored into the property settlement but are often given weight as a “contribution” by the original owner. This doesn’t mean you’ll keep all of it, but it will be considered when determining the overall division.
Can superannuation be split during a property settlement?
Yes, superannuation is considered part of the asset pool and can be split between parties as part of a property settlement. We’ll guide you on the most effective way to include superannuation in the division, considering your long-term financial security.
What if my financial situation changes after the settlement?
Once a settlement is finalized and legally binding, it’s generally not possible to reopen it, even if your financial circumstances change. That’s why it’s important to plan carefully and ensure that your future needs are considered during the settlement process.
Can we divide our property without getting a divorce?
Yes, you can reach a property settlement without being divorced. Separated couples can negotiate and formalize a property settlement while remaining legally married. A divorce is only required if you want to formally end the marriage.
Is there a time limit for making a property settlement application?
Yes, there are time limits. For married couples, you must apply within 12 months of the date of divorce. For de facto couples, the application must be made within two years of separation. If you miss these deadlines, you’ll need special permission from the court to proceed.
What if we both want to keep the same asset, like the family home or car?
If both parties want the same asset, we’ll negotiate to find a solution that benefits both parties—whether it’s a buy-out, selling and dividing the proceeds, or offering other assets of equivalent value. The goal is to reach a fair and practical outcome.
Will I lose my rights if I move out of the family home?
No, moving out of the family home does not mean you lose your rights to it. You still have a claim to the property and any assets within it. We’ll ensure that your interests are protected regardless of your living arrangements.
What are my rights if my ex-partner and I owned a business together?
If you co-owned a business, its value will be included in the property settlement, and you’ll have options such as buying out your ex-partner’s share, selling the business, or continuing to run it together if feasible. We’ll help you explore the best path forward to protect your interests.
What if we have debts in both our names?
Joint debts are considered just like joint assets. We’ll work to ensure that debts are divided fairly based on who incurred them and each party’s capacity to repay. We’ll also look at options to protect you from being solely liable for a shared debt.
Get clarity on your situation and a solid
plan to achieve a
fair settlement.
Discuss with us your matter to get started.
Cremorne office address:
Suite 34, 10-20 Gwynne St,Cremorne Vic 3121
Fitzroy office address:
V127/425 Smith Street, Fitzroy Vic 3065
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