Property Settlement Lawyers

We believe in taking a holistic and multi-faceted approach when it comes to our clients and making sure they understand the process. Whether seemingly simple, or complicated, we want to help and will go that extra mile for you.

At Brightstone Legal, we understand that family law issues often involve more than just parenting or separation. Financial and property matters are frequently complex and deeply personal. We take a practical, multi-dimensional approach to guide you through the legal process with care and clarity. Whether your situation involves protecting personal assets, negotiating a property settlement or understanding your financial obligations after separation, our experienced lawyers are here to help.

Binding Financial Agreements (BFA)

A prenuptial agreement is a type of Binding Financial Agreement (BFA) recognised under Australian family law. A BFA allows couples to make legally binding arrangements about how property, assets and financial resources will be handled if the relationship breaks down.

BFAs can be entered into by:

Couples who are about to marry (pre-nuptial agreements)
Married couples (post-nuptial agreements)
De facto or same-sex couples

Our family lawyers can help you prepare a BFA that is clear, enforceable, and tailored to your specific financial circumstances. If you already have an agreement, we can review it to ensure it meets all legal requirements and reflects your current situation.

Property Settlement After Divorce or Separation

Property settlement refers to the legal division of assets, liabilities and financial resources following the end of a marriage or de facto relationship. Assets may include real estate, bank accounts, businesses, vehicles, superannuation and personal property.

The process typically involves:

Identifying and valuing joint and individual property
Determining contributions (financial and non-financial) by each party
Considering future needs (e.g. children, income disparity)
Reaching an agreement or applying to the Family Court for final orders

Property settlement is ideally resolved through negotiation or mediation. Court intervention may be required where disputes cannot be resolved voluntarily.

Preventing Asset Transfers and Protecting Your Interests

In some cases, a party may attempt to transfer, conceal or dispose of assets during separation. Legal tools are available to prevent the loss or misuse of property, including:

Freezing orders to restrain the disposal of assets
Injunctions or liens to secure claims
Urgent court applications to preserve the status quo

Time is often a critical factor when protecting financial interests during separation. Early legal intervention can help preserve entitlements.

Spousal Maintenance

Spousal maintenance is a legal obligation for one party to financially support the other after separation, where the receiving party cannot adequately meet their own living expenses. This may apply to both married and de facto relationships.

Key considerations include:

Capacity of one party to pay
The needs and circumstances of the other party
Duration and nature of the relationship
Health, age, parenting responsibilities and income disparity

Spousal maintenance can be arranged by agreement or ordered by the court on a temporary or long-term basis.

Legal Support in Financial and Property Disputes

Navigating property and financial matters within family law requires accurate legal advice and strategic planning. Professional assistance is strongly recommended in situations involving: