When a relationship ends in Sunbury, whether marriage or de facto, it’s common to face uncertainty about what happens to shared property, savings, superannuation, debts and other assets. At JS Law we understand how overwhelming this can be. This guide on property dispute in family law in Sunbury provides clear, practical advice to help you protect your financial future.
Understand what counts as “property”
Under the Family Law Act 1975, property includes all assets and liabilities held by either or both parties, regardless of whose name is on the title. This may include the family home or investment properties, bank accounts, savings, vehicles, investments, superannuation, personal items, and even debts such as loans or mortgages.
Both financial and non‑financial contributions count
When dividing property, the Court (or you under a mediated agreement) considers both financial and non‑financial contributions made during the relationship. Financial contributions include income, savings, mortgage repayments, inheritances, or superannuation.
Non‑financial contributions, such as raising children, homemaking, renovations or supporting a partner’s career, are also valued. These contributions often play a significant role in property outcomes.
Future needs are a key consideration
It’s not just about what each party contributed, the Court also considers future needs. This includes factors such as age, health, ability to earn income, parental responsibilities, and available financial resources. Even if one partner contributed more financially, a larger share may be awarded to the other to ensure fairness based on future needs.
Many disputes can be solved outside of court
Not all property disputes end up in court. Mediation and negotiation are commonly used and can lead to quicker, less stressful outcomes. Once agreement is reached, it can be formalised through consent orders or a binding financial agreement.
Verbal or informal agreements, however, are risky. Without proper legal documentation, your former partner could dispute the arrangement later — even years down the track.
Time limits apply after separation or divorce
If you were married, you have 12 months from the date of divorce to apply for a property settlement. If you were in a de facto relationship, the timeframe is two years from the date of separation. Missing these deadlines may mean you need special permission from the Court, which isn’t always granted.
Mistakes people often make
- Relying on informal or verbal agreements — these are not legally binding.
- Overlooking non‑financial contributions like parenting or homemaking.
- Not fully disclosing all assets, liabilities, or superannuation — which is required by law.
- Waiting too long and missing the time limits to make a claim.
Why early advice matters in property disputes in family law cases in Sunbury
One of the most important steps couples in Sunbury can take during separation is to seek early legal advice. In property dispute family law matters, understanding your rights and obligations from the outset can reduce conflict and protect your financial position. Whether you’re dealing with complex assets, shared debts, or disagreements about contributions, getting clarity early on allows you to make informed decisions and avoid common legal pitfalls. JS Law provides local support in Sunbury to help you manage property settlement professionally and confidently.
How JS Law can help
At JS Law, we offer personalised advice on family property settlement for clients in Sunbury and surrounding areas, including Bendigo, Woodend, Macedon Ranges, Castlemaine, Gisborne and Kyneton. We can help you negotiate a fair outcome, formalise agreements, and represent you in court if necessary.
We believe early legal advice leads to stronger outcomes. If you’re separating and concerned about your financial future, our experienced family law team is here to support you.
Contact JS Law today for confidential family property settlement advice in Sunbury.
