Legal Question in Family Law in Australia

Re: property settlement

You can obtain a property settlement prior to divorce. Most people in fact do settle their property issues before they get divorced as you cant get divroced until you have been separated for 12 months.

It is the form of a property settlement not the timing that makes it binding. You should formalise any agreement reached in either Consent Orders or in a Binding Financial Agreement. A solicitor can help you choose which one is right for you.

If you cant reach an agreement in relation to property, you may need to apply for Court orders. This is expensive and it is best for you both to consult solicitors first to try and resolve things amicably.