Property Settlement Lawyers Melbourne

Property Settlement

You built this life. Don’t let someone else decide how it gets divided.

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Could you be walking away with less than you’re entitled to?

Most people assume separation means a 50/50 split, but that’s one of the biggest myths in family law.

Your ex is rushing you to “just sign it”

Pressure is a tactic, not a deadline. The longer you wait without advice, the more leverage you give away. We slow the process down to your pace, not theirs.

Assets are being hidden, undervalued, or quietly moved

Bank accounts that empty overnight. A business suddenly “worth less” than it was last year. We know how to trace it, value it properly, and put it back on the table.

Superannuation is being left out of the conversation

It’s one of the most overlooked assets in a settlement, and one of the most valuable. We make sure it’s accounted for, not forgotten.

You have no access to funds

You’re being asked to fight for what’s fair, with none of the money to do it. This is one of the most common, and most deliberate, pressure tactics in separation. There are ways to address this before your settlement is finalised. (See Spousal Maintenance below.)

You don’t actually know what you’re entitled to

Contributions. Future needs. Length of the relationship. Care of the children. These all change the number, and most people negotiate without ever knowing them.

You don’t have to guess your way through this.

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Got a business in the mix? That changes everything.

If your business is part of the asset pool, a generic settlement approach can put everything you’ve built at risk.

We work directly with your accountants and advisors to make sure your business is valued properly, not guessed at, and that you’re never forced into a fire sale just to “settle and move on.”

You built it. We make sure you don’t lose it.

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Five things you can do to protect your property settlement

Don’t sign anything under pressure

A rushed agreement is rarely a fair one. Get advice before you agree to anything in writing or verbally.

Start your own record of assets now

Bank balances, property values, super statements. Screenshot and date everything you can, before access disappears.

Don’t assume “in their name” means “not yours”

Assets held solely in your ex’s name can still form part of the settlement. Don’t rule yourself out before you’ve had advice.

Watch for sudden financial changes

A business that “lost value” overnight. Accounts that empty. Spending that spikes. These patterns matter, so document them.

Get advice early, not after you’ve already agreed to something

Once you’ve signed, your options shrink. The earlier we’re involved, the more leverage you keep.

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Before you agree to anything: Know the number first

This isn’t an automated calculator. This isn’t AI.

Every submission is personally reviewed by Melanie Vairawanathan, Founder of Melmark Law, because one decision today could affect your financial future for years to come.

Complete your free, confidential property settlement assessment. It could be the most valuable two minutes you spend today.

Property Settlement Calculator

They cut off the money. Now what?

You may not have to wait until the end of your case to get financial support.

If your former partner has the capacity to pay, and you cannot adequately support yourself right now, you may be entitled to spousal maintenance, separate from, and ahead of, your final property settlement.

This can be structured around your actual situation, including:

Weekly payments toward everyday living expenses
A lump sum payment
Direct payment of your mortgage, rent, school fees, utilities, and other essential expenses Urgent applications are available.
You have no access to funds You’re being asked to fight for what’s fair, with none of the money to do it. This is one of the most common, and most deliberate, pressure tactics in separation. There are ways to address this before your settlement is finalised. (See Spousal Maintenance below.)

If you’ve been suddenly cut off financially, the Court can move quickly. Urgent spousal maintenance applications can be heard before a final property settlement is reached, providing stability when you need it, not months down the track when the damage is already done.

Being cut off financially is a form of control. The law has an answer for it.

Book a Free Appointment

Spousal Maintenance

They Cut Off The Money. Now What?

You may not have to wait until the end of your case.
If your former partner has the capacity to pay and you cannot adequately support yourself, you may be entitled to spousal maintenance.

It can be structured around your actual situation

Depending on your circumstances, this can include:

Weekly payments to assist with everyday living expenses
A lump sum payment
Direct payment of your mortgage, rent, school fees, utilities and other essential expenses

Urgent Applications Are Available

If you have been suddenly cut off financially, the Court can move quickly.

Urgent spousal maintenance applications can be heard before a final property settlement is reached, providing financial stability when you need it most, not months down the track when the damage is already done.

Being cut off financially is a form of control. The law has an answer for it.

Book a Free Appointment

Can’t afford to fight? You may not have to wait or self-fund.

Being financially outmatched shouldn’t decide the outcome of your case.

Court ordered legal fees, on an urgent or interim basis

In certain circumstances, we can apply to the Court for an order requiring your former partner to pay you a lump sum specifically to cover your legal costs, separate from your final property settlement. This can be sought urgently, and you don’t need to wait for your matter to be finalised to access it.

This exists for a simple reason: if one party has significantly greater access to money, they can effectively outlast the other simply by dragging the matter out, knowing the other side will run out of funds first. A court ordered contribution toward your legal fees removes that advantage.

Litigation funding through JustFund

Melmark Law is JustFund accredited. JustFund is a different option entirely, a litigation funder rather than a court order. If you’re eligible, JustFund can pay your legal fees as your matter progresses, with the amount repaid once your case resolves, typically from your property settlement.

Unlike a court order, this doesn’t depend on your former partner’s financial position or behaviour. It’s simply a way to access proper legal representation now, without paying as you go, and without needing your ex to agree to anything.

These options can work together

You’re not limited to choosing one. Depending on your circumstances, you may be able to pursue a court ordered contribution from your former partner, access funding through JustFund, take advantage of our fixed fee arrangements where appropriate, or combine more than one of these. The right combination depends on your specific situation, which is exactly what your free first appointment is for.

You shouldn’t have to accept an unfair outcome simply because you can’t afford to fight for a fair one.

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Worried about what this will cost you? We’ve thought about that too.

Free first
appointment

Meet Melanie and get honest strategic advice before you spend anything

Fixed fees where
we can

Where appropriate, we offer fixed fee arrangements, so you have greater certainty around costs from the outset.

Funding options available
through JustFund

Eligible clients may be able to fund their legal fees and repay them at the end of their matter, even if you have no funds available right now.

Transparent
billing

Clear communication. No hidden costs. No surprise invoices.

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Frequently asked questions

How long do I have to claim a property settlement after separation?

Married couples have 12 months from the date their divorce is finalised. De facto couples have 2 years from the date of separation. Miss this window, and you may need the Court’s permission just to be heard.

The house isn’t in my name, do I still get a share?

Possibly, yes. Whose name is on the title is not the end of the conversation. What matters is the full picture of contributions and future needs, regardless of legal ownership.

Can we settle this without going to court?

In most cases, yes, through negotiation, mediation, or our collaborative law process. Court becomes the last option, not the first.

What if my ex won’t disclose their finances?

Both parties are legally required to fully disclose their financial position, including assets, liabilities, income, and superannuation. If they refuse, we can apply for orders compelling disclosure.

I have no access to funds, how am I supposed to fund legal proceedings?

This is one of the most common concerns we hear, and it’s often a deliberate tactic. Options include spousal maintenance (including urgent applications), fixed-fee arrangements, and funding through JustFund, where you repay legal costs at the end of your matter. You should never feel forced to accept an unfair outcome because you can’t immediately afford to fight it.

What is spousal maintenance, and am I entitled to it?

Spousal maintenance is separate financial support from your former partner, available where they have the capacity to pay and you can’t currently meet your reasonable living expenses. It can be sought urgently, before your final property settlement is resolved.

What if my ex is cash-in-hand or hiding income?

This is more common than people expect, particularly with business owners or self-employed ex-partners. We know how to investigate lifestyle-versus-income discrepancies, request forensic accounting where needed, and bring undisclosed income back into the asset pool.

Do I need a formal valuation of the family home or business?

Often, yes, particularly where there’s disagreement on value. We coordinate independent valuers and, where needed, forensic accountants so the asset pool reflects reality, not whoever shouts loudest.

Does a property settlement include debts, not just assets?

Yes. Liabilities, including mortgages, personal loans, and even some business debts, are factored into the overall settlement, not just what’s owned outright.

What’s the difference between Consent Orders and a Binding Financial Agreement?

Consent Orders are filed with and approved by the Court, giving you the protection of a court order without needing a hearing. A Binding Financial Agreement is a private contract between you and your ex that doesn’t require Court approval, but has stricter requirements to be enforceable. We advise on which is the right fit for your situation.

How long does a property settlement usually take in Melbourne?

It depends entirely on whether matters are agreed or contested. Straightforward Consent Orders can be finalised in a matter of weeks. Contested matters involving hidden assets, business valuations, or court proceedings can take significantly longer, which is exactly why early advice and urgent applications (where needed) matter so much.

Can a property settlement be changed after it’s finalised?

Generally, once Orders are made or a Binding Financial Agreement is signed, it’s final and very difficult to overturn, which is exactly why getting it right the first time matters more than getting it done quickly.

You built this. Make sure you keep what’s fair.

Don’t let pressure, guesswork, or someone else’s version of “fair” decide your future.

(03) 9098 8749

Property Settlement Lawyers Melbourne