Property Settlement

Your property settlement will shape your financial future.

Getting it right matters, don't leave it to chance, and don't accept less than you're legally entitled to.

Property Settlement

Family Law Solicitors in Kempsey & South West Rocks

Facing a relationship breakdown, divorce or separation is never easy — and if you're dealing with it now, you probably didn't expect to be here. The big question is: what do you do next?

You likely have questions about property settlement, what happens with children and divorce, and what your life looks like once things are resolved. As your local family law solicitors in Kempsey and South West Rocks, we help NSW families understand their rights and obligations and move through this transition with clarity.

Do You Need a Family Lawyer?

Maybe you and your partner have reached a friendly agreement and you're wondering if you even need legal advice. Or maybe things have become difficult and you need the situation resolved quickly. Either way, getting proper legal guidance on your divorce or separation protects your position and gives you certainty about what comes next.

Straightforward Advice, Cost-Effective Outcomes

You want a lawyer who takes your situation seriously and gives you honest, practical advice — not just legal jargon. Our family law team helps you work through divorce and property settlement matters efficiently, aiming for a fair result and a cost-effective outcome so you can move forward with peace of mind.

Putting Your Children First

If children are involved, their wellbeing has to come first. We take children and divorce seriously, and we work to reach outcomes that protect your kids' best interests while resolving custody and parenting arrangements as smoothly as possible.

Your Future Starts With the Right Advice Today

Divorce and separation don't have to be messy or overwhelming. With the right guidance, you can move through this chapter of your life and into the next one with confidence — not chaos.

Whether you and your former partner are negotiating directly, working towards consent orders, or need a binding financial agreement drawn up, Sheridan Legal's family law team can guide you through the process — from working out what's fair, to making sure the outcome is legally sound and protects your interests long after the paperwork is signed.

📞 Talk to Patrick Sheridan for a 10-minute consultation about your most pressing family law questions. Patrick will review your situation and give you practical next steps, right away. Phone (02) 6562 3300.

If you've searched for "property settlement," it's worth knowing this term covers two very different things in NSW. This page is about family law property settlements — the division of assets, property and finances after a separation or divorce. If you're buying or selling a home and looking for information on settlement day, visit our conveyancing page instead.

Property Settlement FAQs

Common questions about family law property settlement in NSW

Is property settlement always a 50/50 split?

No. NSW family law does not apply an automatic 50/50 formula. The Family Court or Federal Circuit and Family Court of Australia looks at each party's financial and non-financial contributions during the relationship, along with future needs such as age, health, income and care of children, before deciding a fair division of assets.

How long do I have to start a property settlement after separation?

For married couples, you generally have 12 months from the date your divorce becomes final. For de facto couples, the time limit is 2 years from the date of separation. Missing these deadlines can mean needing the court's special permission to proceed, so it's important to get advice early.

Do I need to go to court to finalise a property settlement?

Not necessarily. Most property settlements are finalised without a court hearing, either through Consent Orders (a formal agreement approved by the court without either party attending) or a Binding Financial Agreement. Court proceedings are usually only needed where an agreement can't be reached.

What's the difference between Consent Orders and a Binding Financial Agreement?

Consent Orders are submitted to the court for approval, giving you the legal protections of a court order. A Binding Financial Agreement is a private contract between both parties that doesn't require court approval, but each person must receive independent legal advice for it to be valid. Which option suits you depends on your circumstances.

Is superannuation included in a property settlement?

Yes. Superannuation is treated as property under Australian family law and can be split between parties as part of a settlement, even though it can't be accessed until retirement age. A superannuation splitting order can direct a portion of one party's fund to the other.

Can we sort out property settlement if we were never married?

Yes. De facto couples have the same rights to seek a property settlement as married couples under NSW family law, provided the relationship meets the legal definition of a de facto relationship (generally a genuine domestic relationship of at least 2 years, though exceptions apply, such as where there's a child of the relationship).

Book a Property Settlement Consultation

Talk to Patrick About Your Family Law Matter

Every situation is different, and the right first step starts with understanding yours. Book a confidential consultation with Patrick Sheridan and get clear, practical advice on where you stand — and what to do next.

Book a Confidential Family Law Consultation