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A divorce or separation raises questions about how to divide your property and finances so you can each move on with your financial lives.
Our property settlement lawyers in Canberra can help whether you and your former partner have already agreed on how to divide your property and want your agreement formalised, or if you need somebody to represent your legal interests in negotiating a fair property settlement.
A property settlement involves the division of assets, liabilities, and financial resources between a couple whose relationship has broken down. This applies equally to married couples and de facto couples, although the time limits and qualifying criteria differ between the two.
The law follows a formula for dividing property fairly. A property settlement will consider what each person brought into the relationship, what they contributed during the relationship (both financially and non-financially), what they each contributed to the property pool after separation (if any) and their respective future needs.
We’re not just legal professionals, we’re your partners through one of life’s most challenging moments. With years of experience in family law, our team offers a compassionate, client-focused approach that delivers the best possible outcomes. Whether you are navigating separation, divorce, or any family law issue, our goal is to guide you with clarity, minimise conflict, and achieve lasting results.
We believe the legal process should feel supportive, not overwhelming. Our approach is transparent, personalised, and focused on helping you feel informed and empowered from day one.
Our team isn’t just made up of experienced family lawyers, we care deeply about helping others through life’s most challenging moments. With a calm, compassionate approach and a strong focus on outcomes, we are here to guide you with clarity and confidence.
No matter what you’re facing, you don’t have to go through it alone.
Principal
Got questions? You’re not alone. We’ve answered some of the most common queries clients ask when navigating family law. If you’re still unsure, we’re just a call away.
A property settlement is the legal division of assets, liabilities, and financial resources between a couple after a relationship ends. It applies to both married and de facto couples, though time limits and qualifying criteria differ. The process involves identifying the “property pool” (everything owned individually and jointly), then dividing it based on each person’s contributions and future needs.
Read more on our Property Settlement Guide.
The law follows a structured process, but “fair” does not mean “equal.” The court (or your lawyer in negotiation) considers four things:
Our Canberra property settlement lawyers can give you a realistic indication of your likely entitlement at your first consultation.
No, most property settlements are finalised without court. Couples who agree on how to divide their property can formalise that agreement through consent orders or a binding financial agreement. Where there’s disagreement, lawyer-led negotiation or mediation usually resolves matters faster and at a fraction of the cost of litigation. Court is generally a last resort, and Canberra Registry final hearings can take up to two years to be listed.
Married couples have 12 months from the date their divorce is finalised. De facto couples have 24 months from the date of separation. Applying outside these timeframes requires the court’s permission, which is not guaranteed. If you have separated, it’s worth getting advice early from an experienced family lawyer in Canberra.
Most matters resolved by negotiation or mediation are finalised within 3 to 6 months. Court-based matters take significantly longer, with up to 2 years for a final hearing in the Canberra Registry. Timeframes depend on the complexity of the asset pool, how cooperative both parties are, and whether valuations or expert reports are needed. At Mazengarb Arora Family Lawyers, we aim to resolve matters through the clearest and appropriate pathway, keeping costs and stress to a minimum.
The principles are the same: identify the property pool, assess contributions, weigh future needs, and divide accordingly. The key difference is qualifying criteria. To apply for a de facto property settlement, you generally need to have lived together for at least 2 years, have a child together, or have made substantial contributions to the relationship. The time limit to apply is also shorter: 24 months from separation, compared to 12 months from divorce for married couples. Our family lawyers act for both married and de facto clients across Canberra and the ACT.
Costs depend on the complexity of your matter and the pathway used to resolve it. Negotiated and mediated settlements are significantly cheaper than litigated ones, often by tens of thousands of dollars. At your first appointment with Mazengarb Arora Family Laywers, we provide a clear estimate, and we offer fixed-fee options for defined pieces of work (such as drafting consent orders) so you know what to expect.
Upon receiving your enquiry, our team will schedule an initial consultation to thoroughly understand your needs, preferences, and the specifics of your situation.
