Property Settlement Lawyers in Balwyn
Clear advice on dividing property, superannuation and debts after separation
When a marriage or de facto relationship ends, you and your former partner will need to decide how your property, superannuation and debts are divided. Grice Legal helps you understand your position, gather the right financial information and work towards an agreement that is properly formalised. If an agreement is not possible, we can guide you through the court process.
How we can help with your property settlement
We explain the process, the information you will need and the factors likely to matter in your circumstances, so you can make informed decisions from the outset.
Advice on your position
We negotiate with your former partner or their lawyer and prepare you for mediation, focusing on a workable outcome without unnecessary conflict or cost.
Negotiation and mediation
We help you identify and document assets, liabilities, superannuation, and financial resources, and we follow up on gaps in the information your former partner provided.
Financial disclosure and the property pool
Once the terms are agreed, we document them as consent orders or a binding financial agreement, making the settlement enforceable and giving both parties certainty.
Consent orders and financial agreements
Where your finances involve a business, family trust, investment properties or a self-managed superannuation fund, we work with valuers and accountants to build an accurate picture.
Businesses, trusts and investments
If agreement cannot be reached, or urgent steps are needed to protect assets, we can advise on and run proceedings in the Federal Circuit and Family Court of Australia.
Court proceedings when needed
The precise process will depend on your circumstances, but most property settlements involve the following steps
Understanding the cost of your property settlement
Once we understand the scope of your matter and the assistance you need, we will discuss the likely costs with you and provide the required costs disclosure. This explains how our fees will be calculated and gives you an estimate of the likely legal costs, based on the information then available.
The cost of a property settlement depends largely on how complex the finances are and whether agreement can be reached. If the work required changes, for example because proceedings become necessary, we will discuss the effect on the likely costs with you before proceeding further.
Property settlement advice for families in Boroondara
For many separating couples in Boroondara and eastern Melbourne, the family home is the most significant asset, often alongside superannuation, investment property or a family business. Decisions about whether to keep, refinance or sell a home in an area such as Balwyn or Kew can have lasting financial consequences.
From our office on Whitehorse Road in Balwyn, we advise clients across eastern Melbourne in person, by telephone or by video conference.
Complex Financial Matters
Property Settlements Involving Businesses, Trusts and Significant Assets
Some property settlements are relatively straightforward, while others involve more complex financial structures that require careful analysis and strategic planning. When businesses, trusts, companies, investment portfolios, or substantial wealth are involved, seek advice from lawyers who understand both the legal and practical issues that may arise. Grice Legal specifically assists clients with property settlements involving corporate structures, businesses and trusts.
Complex financial matters often require consideration of:
Family businesses
Companies and corporate structures
Discretionary and family trusts
Investment properties
Share portfolios
Self-managed superannuation funds
Inherited wealth
Significant superannuation interests
Future financial resources and income streams
These matters often involve issues beyond simply identifying each party's assets. Questions may arise regarding who controls a particular structure, how an interest should be valued, whether assets are held personally or through an entity, and what resources may be available to a party in the future.
At Grice Legal, we work closely with clients and, where required, accountants, valuers and other professionals to gain a clear understanding of the financial landscape. This allows us to provide practical advice, identify potential risks and opportunities, and develop a strategy to achieve a fair and commercially sensible outcome. Grice Legal's broader approach emphasises tailored strategies, practical advice, and an understanding of each client's unique circumstances before providing recommendations.
Whether you are seeking to protect a family business, untangle trust arrangements, manage a substantial investment portfolio, or resolve a dispute involving significant assets, we can guide you through the process and help you make informed decisions about your financial future. Grice Legal assists clients through property settlement negotiations, financial arrangements and complex family law matters.
Why Clients Trust Grice Legal
Grice Legal has been based in Balwyn since 1974. We are a boutique firm advising on family law, property and conveyancing, and wills, estates and structures, with a personal, senior-led approach.
Our Whitehorse Road office in Balwyn has served clients across Boroondara and eastern Melbourne for more than 50 years.
Local since 1974
You will know who is looking after your matter and can speak with them directly when questions arise.
Direct access to your lawyer
Conferences are available in person at our Balwyn office, by telephone or by video.
Meet in the way that suits you
Plain-English, practical advice
We explain your options, the risks and the next steps clearly, so you can make informed decisions.
We discuss the likely costs at the start and let you know if the estimate changes.
Open about costs
From Our Clients
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"Nicholas was a patient and a very good listener. He understood my concerns and gave advice accordingly. I feel that I am in good hands."
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"After my appointment with Rachael I am confident that I now have the right person handle my legal issues."
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![Five maroon stars aligned in a row.]()
"Our initial appointment certainly met and exceeded expectations. It was extremely informative and we received the advice we needed. Thank you!"
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![Five maroon stars in a horizontal row.]()
"Anna was very professional, friendly and very helpful"
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![Five maroon five-pointed stars in a row]()
"Rachael gives clear, informed goals. She shows understanding and empathy for your particular needs and sets outs steps to achieve them."
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![Five red stars arranged in a horizontal row.]()
"Nicholas provided me with excellent, timely, professional service and I am confident he will continue to do so should I require it."
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![Five maroon-colored stars in a row]()
"Anna was just a pleasure to have working for us. She was always clear and thorough, advocating for us and advising us along the way of buying our new house. We would totally recommend her and her service."
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![Five maroon-colored stars aligned in a row.]()
"I found Grice Legal to be extremely helpful and efficient with their advice and prompt with all the required paperwork in completing my will requirement, veery approachable staff. I can fully recommend their services"
Property Settlement FAQs
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No. There is no automatic equal split. The law requires an outcome that is just and equitable, having regard to matters such as each party's financial and non-financial contributions, their current and future circumstances and, where relevant, the economic effect of family violence. The appropriate division depends on the facts of each relationship.
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Yes. For married couples, you generally must apply to the court within 12 months after a divorce order takes effect. For de facto couples, the time limit is generally two years after separation. The court can allow a late application only in limited circumstances, so it is sensible to obtain advice early.
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Not necessarily. Many property matters settle through negotiation or mediation and are then formalised by consent orders or a financial agreement without a court hearing. Proceedings may be needed if a party will not provide financial information, will not negotiate, or if urgent orders are required to protect assets.
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Generally, everything owned or owed by either or both of you, whether held jointly or individually. This can include real estate, savings, shares, vehicles, business interests, superannuation and debts. Assets held through companies or trusts, and assets acquired before the relationship or after separation, may also be relevant, although they may be treated differently.
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Superannuation is treated as property for family law purposes and can be split by agreement or court order. A split does not usually mean money is paid out. It is generally transferred to the other person's superannuation account and remains subject to the normal release rules. The fund trustee must be notified before the split is finalised.
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You can, and many couples reach their own agreement. However, an informal agreement is not legally binding, so either party may later make a claim. Formalising the agreement through consent orders or a binding financial agreement provides finality and may also allow some property transfers to qualify for a stamp duty exemption.
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Each party has a duty to give full and frank disclosure of their financial circumstances, usually by providing documents such as tax returns, bank statements and superannuation statements. The duty continues until the matter is finalised. Incomplete disclosure can delay settlement and may have serious consequences if the matter goes to court.
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Common options include one party keeping the home and refinancing, selling the home and dividing the proceeds, or deferring a sale for a period. The right option depends on the overall settlement, each person's borrowing capacity, the needs of any children and any tax or duty consequences.
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No. A property settlement can be finalised before or after a divorce. A divorce does not deal with property, so the two are separate processes. If you are already divorced, keep in mind that the 12-month time limit generally runs from the date the divorce order took effect.
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A short timeline of the relationship, including the dates you started living together, married (if applicable) and separated, and any recent statements you have for bank accounts, loans, superannuation and investments. Do not worry if you do not have everything. We will explain what else is needed.