Property Settlement Lawyers
The team at Clarity Lawyers simplifies property settlement, guiding you through financial separation with clear advice and support.
- 50+ Years Experience
- National Coverage
- Free 15-Minute Initial Consultation
How Can We Help You?
Our Property Settlement Lawyers Help Protect Your Financial Future
When a relationship ends, dividing property fairly is one of the most important, yet often stressful, steps. Our experienced property settlement lawyers help you manage this process with clarity and confidence.
Whether it’s the family home, superannuation or business interests, we’ll ensure your rights are protected and the outcome supports your long-term future. We provide practical guidance and strong representation, giving you peace of mind during one of life’s most challenging transitions.
What Counts As Property In A Settlement?
Under Australian family law, property settlement covers far more than just the family home. Assets that can be divided include:
Investment property and vehicles
Jewellery and collections
Inheritances and lottery winnings
Shares
Superannuation
Redundancy payments,
Business assets and trusts
Liabilities like debts and mortgages are also considered. With so much at stake, getting expert advice early from property settlement lawyers can make all the difference. Clarity Lawyers take the time to understand your circumstances and work towards fair, efficient resolutions tailored to your needs.
How Can We Help You?
Divorce & Separation
Guiding you through divorce or separation with clear advice on rights, responsibilities and the Family Law process.
Family Dispute Resolution
Helping you resolve parenting or property issues through structured negotiation, avoiding court wherever possible.
Parenting Arrangements
Practical advice on child custody and parenting agreements, always prioritising your children’s best interests.
Property Settlement
Supporting fair division of assets and property after separation, through negotiation or, if needed, court proceedings.
Consent Orders
Drafting Consent Orders to formalise parenting or property agreements without court appearances or extra stress.
Financial Agreements
Preparing binding financial agreements to protect your financial future before, during or after a relationship.
Arbitration
A faster, less formal way to resolve financial or property disputes with an impartial decision-maker.
Child Support & Spousal Maintenance
Clear advice on child support and spousal maintenance, including private arrangements and Services Australia assessments.
With over 20 years in family law, we deliver expert guidance in property, parenting, and divorce matters. We service local areas such as Cessnock, Lake Macquarie, Maitland, Singleton, Newcastle and Muswellbrook and work with clients Australia-wide. Our team is caring, transparent, and focused on practical solutions that avoid unnecessary court battles. By offering upfront pricing, personalised attention, and efficient processes, we help you move forward quickly and cost-effectively with support you can trust.
How We Work Together
Free Initial Consultation
Let’s have a free chat about your property settlement details so we can assess your needs, provide advice and begin building a trusted working relationship.
Personalised Advice
We guide you through the entire settlement process, from paperwork and negotiations to court representation, ensuring clear, practical legal support.
Confident Resolution
We prepare consent orders and financial agreements or represent you in court, then finalise outcomes to ensure asset divisions are correctly carried out.
Samantha has been a lawyer since 2001 having followed in the steps of her father, grandfather, great-grandfather and great-great-grandfather. No one can say she didn’t know what she was getting into!
Initially admitted in 2001 as a solicitor in NSW and Australia, Samantha moved to the UK where she was admitted as a solicitor in England and Wales in 2002. After working in several different areas of the law in large London firms, she determined that family law was her calling and hasn’t looked back.
Samantha has been back in Newcastle since 2016 and has since completed her Master of Applied Law (Majoring in Family Law) ensuring that her legal knowledge is comprehensive and completely up to date.
Samantha thrives on taking people from what is sometimes one of the most vulnerable and stressful moments in their lives through to being able to plan and see a happy future ahead of them.
Outside of work Samantha has a husband, three daughters and a dachshund named Keith. They keep themselves busy in the outdoors and particularly enjoy holidays in their VW campervan.
Thanks Sam,
You were actually referred to me by one of your previous clients. Just goes to show how strong word of mouth is, especially in this town. There are now even more people running around Newcastle saying what a terrific job you do.
From my perspective, you are light years ahead of the competition. It is so good to see a professional with such great customer service, who can communicate in a calm clear manner, especially when I am usually a bit emotional. ☺
Keep up the good work Sam, I look forward to continuing to work with you on my matter.
Regards
Thanks Samantha,
I’m still feeling a little shell-shocked but slowly getting used to the idea that it is nearly all over.
Thank you for all your support – professionally and emotionally. It was a big day and I was glad you were with me throughout the entire process,
Good morning Samantha
Thank you very much for your advice and support during the last 2 years. I am pleased to have settled the matter. It's appreciated and I will highly recommend you.
Thanks again
Frequently Asked Questions
Do we have to go to court for a property settlement?
Not necessarily. Going to court should be seen as a last resort. In many cases, property settlements can be achieved through negotiation, mediation, or alternative dispute resolution methods. These approaches can be more cost-effective and time-efficient, and allow you to have more control over the outcome. However, if an agreement cannot be reached or if court intervention is necessary, we would represent you in court and advocate for your interests.
Can I keep all the assets I owned before the relationship?
The assets owned by each party before the relationship are generally considered as part of the overall pool of assets. While they may be given some weight, they can still be subject to division depending on other factors, such as the length of the relationship and the contributions made during the relationship. It’s crucial to seek legal advice to understand how your specific circumstances may impact the division of assets.
What is Clarity Lawyers' process for property settlement?
Legal advice and strategy
From your first consultation, we’ll explain your rights, obligations, and likely outcomes so you can make informed decisions with confidence.Negotiation and mediation
Where possible, we support constructive discussions or mediation to reach a fair division of assets and liabilities without the stress of court.Financial analysis
We assess assets, liabilities, income, and contributions to determine a realistic settlement outcome tailored to your circumstances.Court representation
If an agreed settlement isn’t possible, our experienced lawyers prepare and present your case in court, always advocating for your best interests.Documentation and finalisation
We prepare, review, and finalise all required paperwork, including Consent Orders or Binding Financial Agreements, to ensure your settlement is binding and enforceable.
What factors are considered when dividing assets and liabilities?
When dividing assets and liabilities, the court considers direct and indirect financial contributions, non-financial contributions such as caring for children, and future financial stability and obligations of each party. It also assesses the overall fairness of the property settlement in achieving a just and equitable outcome under the Family Law Act 1975.
When dividing assets and liabilities, various factors are taken into account, including:
The financial contributions made by each party during the relationship.
Non-financial contributions, such as caring for children or maintaining the household.
The future needs of each party include their earning capacity, health, and caring responsibilities.
The overall goal is to achieve a fair and equitable division of property based on these factors.
The court will also consider financial resources that are not strictly part of the asset pool but may influence the outcome. Examples of financial resources include:
Future expectation under a will
Unpaid long service leave
Future dividends or distributions from a trust
Other benefits, such as the use of a car owned by a company or another person
How long does the property settlement process take?
Property settlement matters can vary in length depending on complexity, the level of agreement between parties, and whether court proceedings are needed. Simple agreements can often be completed quickly through negotiation or a binding financial agreement. More complex process cases involving significant assets or financial disclosure disputes may take several months. Under the Family Law Act, property proceedings must generally begin within 12 months of divorce or two years after a de facto relationship breakdown.
Do we need separate lawyers for property settlements?
This is generally advisable. Each party must obtain independent legal advice before signing a binding financial agreement. This ensures both understand their legal rights and obligations and that the property settlement agreement is fair and legally enforceable. Having separate family lawyers prevents conflicts of interest and provides clear guidance tailored to your particular financial circumstances and future financial stability.
What happens if my ex-partner is not disclosing their assets or providing accurate financial information?
Full and frank disclosure is a legal requirement under the Family Law Rules. If one party fails to disclose bank accounts, investment properties, or other assets post-separation, the court can impose serious legal consequences, including cost orders. Your family lawyer can apply to compel disclosure or seek penalties against your former partner. Without full disclosure, property interests cannot be accurately determined, and a fair property settlement cannot be achieved.
Can property settlements be changed or modified after they are finalised?
Property settlement decisions are generally final, but there are limited circumstances where they may be revisited. This includes cases involving fraud, duress, or a significant change in financial circumstances affecting one party or their financial obligations. A property settlement lawyer can advise whether your situation meets the criteria under the Family Law Act 1975 and assist with legal proceedings if a variation is possible.
What happens if we cannot agree on the value of certain assets?
If you and your former spouse cannot agree on asset values, an independent valuation may be required. This can apply to real estate, self-managed super funds, or other significant assets. The Family Court often relies on expert valuers to ensure assets are determined fairly. Your lawyer can help manage the valuation process to support a just and equitable outcome and avoid unnecessary delays or legal fees.
Can I claim property settlements if I was in a de facto relationship?
Yes. De facto couples have similar rights to married couples under the Family Law Act 1975. If your relationship has broken down, you can seek a fair property settlement through negotiation, mediation, or the Federal Circuit and Family Court of Australia. Property settlement services for de facto relationship breakdowns consider financial contributions, financial support paid and other financial obligations to achieve an equitable outcome.
How much will your services cost for a property settlement case?
Legal costs vary depending on the complexity of your financial matters and whether negotiation, mediation, or legal proceedings are required. Many family lawyers offer fixed-fee or staged-fee structures for property settlement services. During your initial consultation, our lawyers will outline expected legal fees and options to manage costs, helping you make informed decisions throughout the legal process.
Get Started Today
Get started today with our experienced property settlement lawyers and take the first step towards a fair and secure outcome.
