Property Settlement
Made Simple
Whether you’ve already reached agreement and need minimal support to formalise it or require more guidance, mediation and legal support to move forward, we have a pathway to suit your circumstances.
We offer two tailored property settlement pathways and can formalise your agreement through Binding Financial Agreements or Consent Orders, depending on what’s right for you. Our service is suited to both married and de facto couples.
Is Simple Separation right for me?
How Property Settlement
Works in Australia
A property settlement is the process of working out how your assets, debts and superannuation will be divided after separation — and then making that agreement legally binding. Here is the typical 4-step Property Settlement framework:
01
Identify the property pool
Disclose, identify and value your assets, debts, superannuation and financial interests.
02
Assess contributions
Consider each person’s financial, non-financial, parenting and homemaking contributions.
03
Consider future circumstances
Look at factors such as income, earning capacity, care of children, age, health and financial resources.
04
Determine a fair outcome
Decide whether the proposed division is just and equitable in all the circumstances.
Simple Separation Property Settlement Packages start at $2,899 + gst per individual.
See how Simple Separation compares with the traditional approach of each party engaging a separate law firm.
| Factor | Traditional Lawyers | Simple Separation |
|---|---|---|
| Pricing | Hourly rates ($400–$950/hr), depending on the law firm | Fixed-fee packages from $2,849 + GST per person, inclusive of legal advice for both parties |
| Timeline | 12–24 months | 2–5 months |
| Court attendance | Court may be required, depending on the level of conflict and the parties’ ability to reach agreement. | No court attendance required — we work with cooperative couples who are genuinely willing to negotiate and reach agreement out of court |
| Suitability | Better suited to high-conflict or complex matters where parties are unable or unwilling to cooperate, negotiate or reach agreement. | Designed for cooperative couples who genuinely want to reach a settlement, are willing to provide full financial disclosure and are negotiable. |
| Payment | You’ll generally be required to sign a costs agreement, with legal fees charged on an hourly, billable-hours basis | No hourly billing or unexpected legal fees — just one clear, transparent fixed fee paid upfront |
| Stress level | High — adversarial process | Low — collaborative, respectful |
| Legal advice | Your lawyer vs their lawyer | Independent legal advice from a separate, pre-vetted lawyer experienced in helping couples reach agreement and out of court settlement. |
Separation Ready
At Simple Separation, the Separation Ready pathway is designed for couples who have already reached a private agreement and are ready to formalise their property settlement.
This streamlined pathway includes the essential legal and practical steps needed to ensure your agreement is properly documented, legally valid, and enforceable - without the excessive cost of traditional legal processes—so you can move forward with confidence.
Below is a simplified 4-step overview of our process, designed to give you a quick and easy understanding of how we work.
*Independent legal advice for both parties is included in your fixed-fee package
How ‘Separation Ready’ helps you formalise your Property Settlement?
01
Preparation
We will prepare a Joint Balance Sheet and Heads of Agreement, clearly outlining all assets, liabilities, and how you both intend to divide your property.
02
Financial Disclosure
Full financial disclosure is then collated to ensure transparency and support a legally sound agreement, helping validate your settlement and reduce the risk of issues later on.
03
Legal Advice
Independent legal advice for both parties will be provided to help ensure your agreement reached privately reflects your wishes, is legally robust, and structured correctly.
04
Legalise
Your settlement agreement will be professionally drafted and reviewed with your independent legal practitioner before signing, ensuring it is legally sound.
Separation Assist
At Simple Separation, the Separation Assist pathway is designed for couples who need additional support, guidance, and mediation to reach agreement on their property settlement.
This pathway brings together all the essential steps—including mediation, legal support, and formal documentation—to help you work toward a fair and equitable outcome, then formalise your agreement with confidence.
Below is a simplified 6-step overview of our process, designed to give you a quick and easy understanding of how we work.
*Legal advice is provided by Independent legal practitioners. Fees are included in the fixed fee package.
How ‘Separation Assist’ supports you to reach a Property Settlement
01
Preparation
We will draft a Joint Balance Sheet that incorporates all assets and liabilities in the relationship.
02
Financial Disclosure
Full financial disclosure is then collated to ensure transparency and support a legally sound agreement, helping validate your settlement and reduce the risk of issues later on.
03
Legal Advice
Independent legal advice will be provided to both parties to help you understand what may be considered just and equitable in your particular circumstances, empowering you to make informed decisions and feel well prepared for mediation.
04
Model Proposals
We prepare each party for mediation, working one-on-one to align proposals with objectives and legal advice.
05
Mediate
We will conduct respectful joint or shuttle mediation(s) to help you reach a settlement agreement, tailoring the approach to best suit the couple's needs.
06
Legalise
Your settlement agreement will be legally drafted, and you'll review it with your assigned legal practitioner prior to signing, guaranteeing its legal integrity and alignment with your interests and rights
FAQ’s
-
A financial settlement agreement (also commonly called a property settlement) is an agreement between separating couples about how their assets, liabilities, superannuation, and financial resources will be divided after separation or divorce.
This can include things like:
The family home or investment properties
Savings, shares, or business interests
Superannuation entitlements
Debts such as mortgages, credit cards, or personal loans
Vehicles and other significant assets
Reaching a private agreement is a great first step—but a verbal agreement or informal written arrangement is not usually enough to properly protect either party. If not formalised correctly, disputes can arise later, and financial ties may remain unresolved.
How do you make a financial settlement legally binding?
In Australia, financial settlements are commonly formalised in one of two ways:
1. Consent Orders
An agreement approved by the Family Court that makes your settlement legally binding and enforceable. Consent Orders are often suitable when both parties have reached agreement and want the added protection of court approval.2. Binding Financial Agreement (BFA)
A private legal agreement between the parties that can formalise a financial settlement without going through the Court. Both parties must receive independent legal advice for a BFA to be valid.The right option depends on your circumstances, asset pool, and future needs.
Important: Even if you and your former partner agree, it’s important the settlement is structured correctly, with proper financial disclosure and legal advice, to help ensure it is fair, enforceable, and gives both parties confidence to move forward.
-
Legally formalising a financial settlement offers the following benefits:
Fair Division of Assets
Peace of Mind
Financial Independence from the Other Party
Legally Binding and Enforceable
Protection from Future Claims
Ability to Divide Superannuation
Potential Stamp Duty and Capital Gains Tax Relief
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1. More cost-effective
Avoid the significant legal costs often associated with lengthy, adversarial court proceedings.2. You stay in control
Rather than having a judge make decisions for you, both parties remain actively involved in shaping an agreement that works for your unique circumstances.3. Faster resolution
Traditional family law matters can take years to resolve. At Simple Separation, our average financial settlement matter is resolved in approximately 2-3 months, helping you move forward sooner.4. Less emotional stress
A cooperative, out-of-court approach is typically far less emotionally draining than litigation and can help reduce the impact on children and the broader family. -
Some couples have already reached agreement and need minimal support, while others require more guidance to help move negotiations forward.
Every couple’s circumstances are different, which is why we provide a customised fixed-fee quote tailored to your situation. Pricing depends on factors such as the complexity of your asset pool, the level of communication between you, and the amount of support or mediation required to reach a fair outcome.
Our pricing starts from $2,849 +GST per person. To make the process more accessible, you can choose to pay upfront or spread your payments over 3 months with our payment plan option.
Is Simple Separation right for me?
Not sure which pathway suits your situation? Take our short quiz to find out.