Property Settlement Lawyers in Sydney

When a relationship breaks down, one of the most complex and emotionally charged aspects is the division of property. Whether you're ending a marriage or a de facto relationship, understanding your legal rights and responsibilities is critical. At CM Lawyers, we provide expert legal services in property settlement in Sydney, helping you achieve a fair and equitable outcome—whether through mediation or family court proceedings.

We’re here to support you every step of the way, providing clear legal advice and practical solutions tailored to your unique situation.

What Is Property Settlement?

Property settlement refers to the legal process of dividing assets, liabilities, and financial resources following the breakdown of a relationship. This process applies to both married and de facto couples and includes all property acquired before, during, and in some cases, after the relationship.

This includes:

The family home
Investment properties
Bank accounts and savings
Superannuation
Vehicles
Business interests
Personal belongings
Debts and liabilities

At CM Lawyers, our experienced family lawyers in Sydney can guide you through the complexities of property division, ensuring your rights are protected and your future is secure. Enforcing settlement orders may require additional legal steps and time, and our team is equipped to support you throughout the entire process.

How Is Property Divided in NSW?

There is no fixed formula for property division in Australia. Instead, the Family Law Act 1975 provides a framework that the court uses to decide what is "just and equitable."

The court typically follows these four steps:

Identifying and Valuing the Property Pool: This includes all assets, debts, and financial resources belonging to both parties. It doesn't matter whose name they are in—if they were acquired during the relationship, they are included.

Assessing Contributions: The court considers both financial and non-financial contributions made by each party, such as:
1. Income and wages
2. Property owned before the relationship
3. Gifts and inheritances
4. Contributions as a homemaker or parent

Evaluating Future Needs: This includes:
1. Age and health
2. Earning capacity
3. Responsibility for caring for children
4. Financial resources

Determining a Just and Equitable Outcome: The court will decide on a property settlement that is fair to both parties.

Why Choose CM Lawyers for Property Settlement?

Choosing the right legal team can significantly impact the outcome of your case. At CM Lawyers, we combine deep expertise in family law in Sydney with a client-first approach.

Our services include:

Strategic Legal Advice: We’ll assess your unique situation and advise you on the likely outcome of your property settlement.
Mediation Services: We believe in resolving disputes amicably where possible. Our lawyers can represent you during family law mediation to help reach a settlement without going to court.
Court Assistance: If negotiation fails, we’re fully prepared to represent you in the Family Court of Australia or the Federal Circuit and Family Court of Australia.
Transparent Communication: We provide clear, jargon-free legal advice so you always know where you stand.

You may be interested in: 50 Things You Need to Know About Property Settlement During Divorce

Property Settlement for De Facto Relationships

De facto couples have the same legal rights as married couples when it comes to property division. However, proving a de facto relationship can sometimes be challenging.

You may be eligible to apply for a property settlement if:

You lived together for at least two years, or
You have a child together, or
You made substantial contributions (financial or non-financial)

Legal proceedings must commence within two years of separation. Our Sydney family law solicitors can help determine your eligibility and secure a fair settlement.

Mediation: A Cost-Effective Path to Property Settlement

At CM Lawyers, we encourage clients to consider family law mediation as a first step. Mediation is less expensive and faster than litigation, and allows both parties to retain control over the outcome.

Benefits of mediation include:

Reduced legal costs
Privacy and confidentiality
A less adversarial process
Faster resolution

Our experienced mediators and family lawyers can assist in negotiating mutually acceptable outcomes for both parties.

When to Go to Court?

In some cases, mediation may not be appropriate or successful—especially if there is a history of domestic violence, significant power imbalance, or if one party refuses to cooperate.

In such situations, we can:

File a court application on your behalf
Represent you in family court proceedings
Prepare your case thoroughly, including affidavits and evidence
Advocate for your best interests throughout

We aim to minimise stress and ensure the process is as smooth and efficient as possible.

Frequently Asked Questions

How long does a property settlement take in Sydney?
The time varies depending on the complexity of your assets and whether the matter is settled by agreement or goes to court. On average, settlements take 3–12 months.
What if my ex-partner is hiding assets?
We can help you uncover hidden assets using legal discovery tools and court orders.
Do I have to go to court for a property settlement?
No. Many property matters are resolved through negotiation or mediation. Court is a last resort.

Property Settlement
Lawyers in Sydney