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near Melbourne VIC

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Browse trusted Property and Financial Settlement Lawyers near Melbourne VIC based on ratings and reviews

Average rating of Property and Financial Settlement Lawyers near Melbourne VIC

4.8
4.84 stars from 4666 recommendationsStarStarStarStar

based on 4666 client reviews

Property and Financial Settlement Lawyers in Melbourne VIC

Ayoub Lawyers

Established in 2014, Ayoub Lawyers operates mainly from Sydney, Melbourne and Wollongong, offering legal advice across Australia. Our growing firm excels in litigation and settlements. We’re deeply connected to local and regional communities, supporting charities and sporting teams. We provide clear, compassionate guidance to ease the legal process. Services include Personal Injury claims, Wills & Probate, Powers of Attorney, Commercial Law, Debt Recovery, Conveyancing, Family Law, and Immigration Law. Contact us for a free, no-obligation consultation.

Our Team

Lenny Holt from Ayoub LawyersEdna Bernard from Ayoub Lawyers
Tragear & Harris Lawyers
Click to Reveal Phone Number+6140074..

For over 50 years, Tragear & Harris Lawyers has proudly served clients in the Bayside Area, offering clear and strategic advice. We prioritise plain English over legal jargon to make legal concepts and court matters understandable. We invite you to contact us for a no-obligation initial consultation, allowing us to understand your legal issue and advise on next steps. This helps you decide if we're the right fit for your needs. Founded by Kevin Tragear in 1970 and now led by Ganesh Loganathan, our firm continues its legacy of straightforward legal support. Contact us today for an appointment.

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Perry Weston Lawyers
Click to Reveal Phone Number+6140054..

Perry Weston Lawyers, established in Blackburn in 1987, specialise in family law, Wills and Estates, Probate, and Conveyancing. Led by founding principal Michael Weston, with over 35 years' experience, our skilled team offers practical, tailored advice across divorce, parenting arrangements, property settlements, family violence, child support, maintenance, and financial agreements. We also handle estate planning, administration, contested Wills, property sales, commercial leases, and business transactions. We provide compassionate, clear guidance to support clients through complex legal matters with expertise and empathy.

Our Team

Lenny Bing from Perry Weston LawyersJanet Jenkins from Perry Weston LawyersPierce Scott from Perry Weston Lawyers
Pasha Legal
Click to Reveal Phone Number+6140084..

Pasha Legal, established on 1 July 2010 by principal Hina Pasha, provides affordable legal advice and is involved in landmark cases. Committed to justice, the firm undertakes pro bono litigation to assist those facing injustice, reflected in its slogan ‘doing justice…’. Operating from a boutique office on Doncaster Road, Pasha Legal has grown with an expanding team, offering clients a friendly, respectful, and non-intimidating environment at competitive rates. Practice areas include Family Law, Property and Conveyancing, Wills and Estates, Commercial Disputes, VCAT and Building, Criminal and Police Matters, Insurance Claims, and Immigration.

Our Team

Jack Buffay from Pasha Legal
BK Lawyers and Conveyancers

BK Lawyers and Conveyancers, located in Mill Park & Kilmore, Victoria, provides expert legal services in Property Law, Family Law, Wills and Probate across Victoria, NSW, and Queensland. We specialise in smooth property transactions, guiding clients through purchasing and selling. Our comprehensive service includes reviewing contracts, liaising with banks, and preparing documentation. We also assist clients in estate planning, including wills, probate, and powers of attorney, ensuring clear asset distribution. In Family Law, we offer support in disputes, custody issues, and property settlements. Additionally, our business lawyers cover structuring, leasing, and migration services.

Our Team

Jenna Benes from BK Lawyers and Conveyancers Oz Flanders from BK Lawyers and Conveyancers
C&H Lawyers and Associates
Click to Reveal Phone Number+6140085..

C & H Lawyers and Associates is Melbourne's law firm, offering tailored legal services for individuals and businesses. Our experienced team delivers compassionate support in immigration, divorce, probate, property law, and commercial law. We assist with various immigration matters, ensuring clients make informed decisions about their legal needs. Our divorce lawyers are specialists, providing dedicated support during emotionally challenging times. We also simplify deceased estate processes, assisting with wills and estate administration. In property law, we guide clients through buying and selling transactions. For businesses, we provide practical legal advice for success. Contact us for assistance.

Our Team

Ron Jordan from C&H Lawyers and Associates

Frequently Asked Questions

How is property divided in a separation or divorce in Melbourne?
In Melbourne, property division during separation or divorce follows a structured legal process. First, all assets and liabilities are identified and valued. The court then considers whether it's just and equitable to divide property, applying a four-step assessment to determine a fair outcome based on your circumstances. You can reach your own agreement with your former partner through negotiation or mediation, which can be formalised as consent orders or a financial agreement. If you cannot agree, you may apply to court for property orders. Important time limits apply: you generally have one year from your divorce becoming final for married couples, or two years from separation for de facto relationships. It's advisable to seek legal advice early to understand your options and protect your interests.
How do I find a property settlement lawyer in Melbourne?
To find a property settlement lawyer in Melbourne, you can search through LawConnect's directory of family law firms and specialists in Victoria. LawConnect currently lists 156 family law firms across Australia, with 66 based in Melbourne and surrounding areas. You can filter by location and legal issue to find lawyers who specialise in property settlements. Many firms offer free initial consultations, and some provide online services, making it easier to get professional advice during separation or divorce proceedings. When choosing a lawyer, consider their experience with property settlement matters and whether they're an accredited family law specialist.
How is superannuation divided in a property settlement?
Superannuation is treated as property in a property settlement and can be divided between separating couples through superannuation splitting. This involves pooling the value of both parties' superannuation and redistributing it according to their agreement or court order. The split can be arranged through a financial agreement, consent orders, or a court order. Importantly, splitting does not convert superannuation into cash—the funds remain in the superannuation system and continue to be subject to preservation rules, typically remaining locked in until retirement. The split does not have to result in equal division; couples can negotiate arrangements tailored to their circumstances. The trustee of the superannuation fund must be notified of any splitting arrangement before it takes effect. Given the complexity involved, seeking legal advice from a property and financial settlement lawyer in Melbourne can help you understand your rights and options.
How long do I have to apply for property settlement after divorce?
In Victoria, you generally have 12 months from the date your divorce order is finalised to apply for property settlement. If you were in a de facto relationship, you have 2 years from the date of separation. If you miss these deadlines, you can apply to the court for permission to proceed out of time, but this is not automatic. The court will only grant permission if you can demonstrate that you or a child would suffer substantial hardship without it. The court will also consider the length of the delay, your reasons for it, and any prejudice to your ex-partner. Alternatively, if you and your ex-partner reach an agreement, you can formalise this through a Financial Agreement, which bypasses the court and the time limit. Given the strict deadlines and complexity of extension applications, seek legal advice promptly if your deadline is approaching.
What are consent orders in a property settlement?
Consent orders are court orders that you and your former partner agree to and ask the court to formalise, without needing to go to court for a hearing. They document your agreed property and financial settlement in a legally binding way. Before consent orders are made, both parties must make full disclosure of their financial circumstances and exchange documents like tax returns, pay slips, and bank statements to verify accuracy. Every person affected by the orders, including superannuation trustees if relevant, must agree to them. Once made, consent orders are legally binding court orders. You must follow them, and breaching an order can have serious consequences. They can only be changed in limited circumstances after they are finalised. If you are considering consent orders for your property settlement in Melbourne, you should seek legal advice before entering into them. Property and financial settlement lawyers listed on LawConnect can guide you through this process.
Can property settlement be resolved through mediation?
Yes, property settlement can be resolved through mediation. Mediation is a dispute resolution process where an independent third party helps separating couples reach agreement on financial matters. This process can occur before or after court proceedings commence and typically offers a more affordable and timely option than court litigation, while giving you greater control over the outcome and process. Once you reach a mediated agreement on property settlement, steps can be taken to make it binding through the court by applying for consent orders. If you're in Melbourne and seeking assistance with property settlement mediation, LawConnect can connect you with property and financial settlement lawyers in your area who can guide you through the process.
How is property divided in a de facto separation?
In a de facto separation, property is divided using the same legal framework as married couples. The court applies a two-step process: first, it determines what property is available to divide, then it decides how to divide it fairly based on factors like financial and non-financial contributions, the length of the relationship, and any sacrifices made by either party. To apply for property orders in Victoria, you must do so within two years of the relationship ending. Your de facto relationship must meet certain criteria, typically having lasted at least two years, or you may qualify earlier if you have a child together or made significant contributions to the relationship. For advice tailored to your specific circumstances, consider contacting a property and financial settlement lawyer through LawConnect who can assess your situation and guide you through the process.
What happens to inheritance in a property settlement?
Inheritance is not automatically protected or automatically split in a property settlement. Whether it forms part of the settlement depends on various factors the court considers, including when you received it, how it was used, the intentions of the person who left it to you, the size of your overall asset pool, each party's contributions to the relationship, and each party's current and future circumstances. The simplest approach is to reach an agreement with your former partner and formalise it through a Consent Order, which is legally binding once approved by the court. If you cannot agree, either party can apply to the court for a property settlement decision. For married couples, you generally have 12 months after your divorce becomes final to apply, or two years from separation if you were in a de facto relationship. For personalised advice about your specific situation, consider speaking with a property and financial settlement lawyer in Melbourne who can review your circumstances in detail.

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