Family Lawyers in Norwest NSW

Family Law – Divorce, Property and Financial Matters

Relationship breakdown can involve important legal and financial decisions. Russell Kelly & Associates provides practical family law advice focused on divorce, separation, property settlement, financial matters and de facto relationships.

Our approach is to understand your circumstances, identify the financial and legal issues that need to be resolved and work towards a practical outcome.

Divorce and Separation

Australia has a no-fault divorce system. The Court does not determine who was responsible for the breakdown of the marriage.

Generally, parties must have been separated for at least 12 months before an application for divorce can be made. It is possible in some circumstances to be separated while continuing to live under the same roof.

A divorce legally ends a marriage, but it does not itself determine how property, assets, liabilities or financial resources will be divided.

Property Settlement After Separation

Property settlement deals with the financial relationship between former spouses or de facto partners following separation.

The property and financial circumstances of each relationship are different. Matters that may need to be considered include:

• homes and investment properties;
• bank accounts and cash;
• shares and other investments;
• superannuation;
• business interests;
• companies and trusts;
• vehicles and other personal property;
• loans, mortgages and other liabilities; and
• other financial resources.

Property settlement does not automatically mean that assets are divided equally. The Family Law Act provides the framework for determining an appropriate division having regard to the circumstances of the parties. Read more about property settlement after separation in NSW.

Family Law Property Changes from 10 June 2025

Significant changes to the property and financial provisions of the Family Law Act commenced on 10 June 2025.

The legislation now more clearly sets out the framework used when determining property settlements and the matters relevant to the parties’ contributions and current and future circumstances.

The economic effect of family violence may also be relevant when determining property and financial matters where it has affected a party’s contributions or their current and future circumstances.

Financial disclosure obligations are also expressly contained in the Family Law Act. Parties to financial or property proceedings are required to provide relevant financial information and documents in accordance with their disclosure obligations.

Complex Property and Financial Matters

Some property settlements involve more than a family home and ordinary bank accounts.

Russell Kelly & Associates can advise on financial matters involving structures and assets such as:

• companies and business interests;
• discretionary and fixed trusts;
• investment properties;
• complex ownership structures;
• superannuation interests;
• significant liabilities;
• financial resources; and
• assets where ownership, control or value is disputed.

Identifying the true financial position of the parties is an important part of resolving a property settlement.

De Facto Relationships

Eligible former de facto partners can have rights and obligations concerning property and financial matters under the Family Law Act.

Whether a de facto relationship legally existed can sometimes itself be disputed. The Court considers a range of circumstances when determining whether two people were living together as a couple on a genuine domestic basis.

There are also specific requirements that may need to be satisfied before the Court can make financial or property orders following the breakdown of a de facto relationship.

Learn more about De Facto Relationships and property matters.

Financial Agreements

Financial Agreements can be used in certain circumstances to address how property, financial resources and maintenance will be dealt with.

Depending upon the circumstances, a Financial Agreement may be entered into before, during or after a marriage or de facto relationship.

These agreements are sometimes informally described as prenuptial agreements, postnuptial agreements or cohabitation agreements.

The Family Law Act imposes strict requirements for a Financial Agreement to be binding, including requirements concerning independent legal advice. Careful drafting and advice are therefore important.

Spousal and De Facto Maintenance

Property settlement and maintenance are separate issues.

In some circumstances, a person who cannot adequately support themselves may seek financial maintenance from a former spouse or de facto partner who has the capacity to provide that support.

Whether maintenance is available depends upon the circumstances and the requirements of the Family Law Act.

Resolving Financial Matters by Agreement

Not every family law financial matter needs to be determined at a final Court hearing.

Where agreement can be reached, property and financial arrangements may be formally documented through appropriate legal mechanisms, including consent orders or, where suitable, a Financial Agreement.

Formalising a settlement is important. An informal agreement between former partners may not provide the certainty or legal finality that the parties expect.

Negotiation and Alternative Dispute Resolution

Negotiation and dispute resolution can provide an opportunity to resolve financial and property disputes without the cost and uncertainty of a contested final hearing.

Where appropriate, we can assist with negotiations concerning property and financial matters and work towards a documented settlement.

Learn more about Alternative Dispute Resolution.

Family Law Time Limits

Important time limits apply to family law property and financial proceedings.

For former married couples, an application for property or financial orders generally needs to be commenced within 12 months after a divorce order takes effect.

For former de facto partners, an application for financial or property orders generally needs to be commenced within two years after the breakdown of the de facto relationship.

Where a limitation period has expired, permission from the Court may be required and is not automatically granted.

Legal advice should therefore be obtained promptly following separation, particularly where a relevant deadline may be approaching.

Estate Planning Following Separation or Divorce

Separation and divorce can also make it appropriate to review your Will, Power of Attorney, Enduring Guardianship arrangements and other estate-planning documents.

Family law and succession law operate under different legal rules, so changes to a relationship do not necessarily produce the estate-planning outcome a person expects.

Learn more about Wills, Powers of Attorney and Enduring Guardianship.

Family Law Advice

Russell Kelly & Associates provides family law advice in relation to divorce, separation, property settlements, de facto relationships, financial agreements and other financial matters arising from relationship breakdown.

We do not practise in parenting or children’s matters.

This information is general in nature and should not be relied upon as legal advice. Family law outcomes depend upon the particular circumstances of each matter.