Property Settlement Lawyers in Sydney

Property settlement can be stressful, expensive, and lengthy. At Stephen Wawn & Associates, our expert property settlement lawyers in Sydney provide tailored legal solutions to guide you through this complex process. 

Our team possesses a deep understanding of property settlement in NSW to help you navigate financial disclosure, asset valuation, and legal agreements to protect your rights.

Property settlement is the legal process of dividing assets and liabilities between separating parties. This can include real estate, bank accounts, investments, superannuation, businesses, and debts. In NSW, the property settlement process follows the Family Law Act 1975, which aims to achieve a just and equitable outcome based on each party’s contributions and future needs.

With over 45 years of experience, Stephen Wawn & Associates is a trusted name in property settlements. Clients trust us for our:

• Expertise in Family Law: We have extensive experience in family law and property settlements in NSW, ensuring you receive accurate legal advice.
• Tailored Legal Strategies: We understand that every case is unique, and we provide personalised solutions based on your specific circumstances.
• Proven Track Record: We have a track record of success in resolving property disputes efficiently and favorably.
• Client-focused Approach: Clear communication, transparency, and achieving the best outcome for our clients is our top priority.

• Step 1 – Identifying Assets and Liabilities: Both parties must compile a complete list of their assets and debts, whether jointly or individually owned.
• Step 2 – Financial Disclosure: Full financial transparency is required from both parties. Each person must provide documents proving income, tax returns, bank statements, and property ownership details. Failure to disclose assets can lead to legal consequences and impact the final settlement.
• Step 3 – Asset Valuation: If there is a dispute over the value of any property, a professional valuer may be engaged to assess real estate, businesses, or other significant assets.
• Step 4 – Negotiation and Agreement: A settlement agreement is drafted, outlining how assets and liabilities will be divided. If both parties agree, this agreement can be formalised through Consent Orders submitted to the court or a Binding Financial Agreement (BFA).
• Step 5 – Court Orders (if needed): If negotiations fail, the case may go to the Family Court or Federal Circuit Court for a property settlement decision. Court proceedings can be costly and time-consuming, so they are usually a last resort.
• Step 6 – Finalising the Settlement: Once an agreement is reached, it must be legally formalised to ensure enforceability. This prevents either party from making further claims in the future. Legal documentation is prepared, and any necessary asset transfers, mortgage adjustments, or payouts are processed accordingly.

• Negotiation and mediation to reach amicable settlements
• Representation in court for complex disputes
• Legal advice on entitlements and obligations
• Drafting and reviewing binding financial agreements
• Protecting assets and securing fair distribution

In a property settlement, what you are entitled to depends on your financial and non-financial contributions, future needs, and any prior agreements made between you and your former partner.

• Financial contributions include income earned, savings, property purchased, mortgage repayments, and other financial investments made during the relationship. 
• Non-financial contributions can include homemaking, raising children, and maintaining the household.

Beyond contributions, the court also considers each party’s ability to earn an income, their age and health, and their responsibilities for caring for children. A party with lower earning potential or primary caregiving duties may receive a greater share of assets to ensure financial stability post-separation.

Our property settlement lawyers will ensure your property rights are protected throughout the settlement process. In some cases, legal measures such as placing a caveat on a property may be necessary to prevent assets from being sold or transferred unfairly.

You don’t have to navigate the complexities of property settlements alone. At Stephen Wawn & Associates, our experienced property settlement lawyers in Sydney provide tailored legal solutions to protect your interests and ensure a fair outcome.

If you need assistance with negotiations, asset division, legal proceedings, or advice for conveyancing property and strata law, we’re here to guide you every step of the way.

Contact us today for a confidential consultation or to learn more about our areas of expertise.