Property settlement, serving Greater Geelong

Hestia Law is a woman-led family law practice led by Principal Stefani Janson. We help married and de facto couples divide property, superannuation, businesses and debts after separation, with care, discretion and clear advice.

This page is for people in Geelong, the Bellarine, the Surf Coast and Wyndham. We serve Greater Geelong. Consultations are available in person or online. In-person meetings are available in Newtown, Geelong.

Call 0425 132 179 or send a confidential enquiry using the form on our contact page. We call back within one business day.

Who this page is for

This page is for married and de facto couples in Geelong, the Bellarine, the Surf Coast and Wyndham who need to divide:

• real property, including the family home
• superannuation
• businesses
• other assets
• debts

You do not need to be divorced before you sort out property. Many people finalise a property settlement before, or at the same time as, a divorce.

We act for clients of all genders. We are an LGBTIQIA+ ally and queer-inclusive firm.

How a property settlement works

Under the Family Law Act 1975 (Cth), a property settlement looks at what is just and equitable in the circumstances. There is no fixed formula, and every matter is different. In broad terms, the process involves:

1. Identifying the property and debts. This includes assets and liabilities in one or both names, such as real property, superannuation, businesses, savings, investments and debts.
2. Looking at contributions. This includes financial and non-financial contributions, and contributions to the welfare of the family, including as a homemaker or parent, made before, during and after the relationship.
3. Considering current and future circumstances. This can include each person's age, health, income and earning capacity, care of children, and other relevant circumstances.
4. Reaching a just and equitable outcome. If you agree, the agreement can be formalised through consent orders or a binding financial agreement. If agreement is not possible, we will guide you through the court process.

Most family law matters are resolved by negotiation or mediation, and the agreement can then be made legally binding without a court hearing.

Time limits

Time limits apply if you need to apply to the Federal Circuit and Family Court of Australia for property orders.

• If you were married, you generally have 12 months from the date your divorce order takes effect.
• If you were in a de facto relationship, you generally have 2 years from the date the relationship ended.

You can apply for property orders before a divorce is finalised. After these deadlines, an application can usually only proceed if both parties consent or if the court grants leave. Leave is not guaranteed, so it is important to get advice early.

Changes from 10 June 2025

From 10 June 2025, when property and finances are decided under the Family Law Act 1975, the court must consider, where relevant, the economic effect of family violence and the need of either party to provide appropriate housing for a child under 18.

Enquire confidentially

Your enquiry is confidential. We call back within one business day, at the time you chose where possible. Calling or submitting an enquiry does not create a lawyer and client relationship. If your matter is urgent, call 0425 132 179. If you are in immediate danger, call 000.

What happens when you get in touch

1. A confidential first conversation. Call 0425 132 179 or send an enquiry. Your first call is a free 20-minute conversation. We will listen to what is happening and let you know whether we can help.
2. An initial consultation. We meet in person or online to look at your situation in detail and explain your options and likely next steps. The initial consultation is $450 plus GST.
3. A clear plan and a costs estimate. You receive written advice on the way forward and an estimate of costs before any further work begins.

Taking the first step is often the hardest part. Call 0425 132 179 or send an enquiry, and we will take it from there.

Email: admin@hestialaw.com.au

Related services

You may also want to read:

• Family Court property disputes, serving Greater Geelong
• Binding financial agreements, serving Greater Geelong
• Family law advice for Geelong and Melbourne