Property Settlement Lawyers in Box Hill, Melbourne
From our Box Hill office, our lawyers help separated spouses and de facto partners divide property, superannuation and debts, and make the settlement binding by consent orders or a binding financial agreement, or go to court when agreement is not possible. There is no automatic equal split. Married couples generally have 12 months from the divorce order taking effect to apply, and de facto partners two years from separation.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for separated spouses and de facto partners in property and financial settlements, by agreement or in court, with the principal overseeing every matter.
- There is no automatic equal split. The court weighs each person's contributions and current and future circumstances, and makes orders only if it is satisfied they are just and equitable.
- A private agreement, even a signed one, does not stop either of you applying to the court later, which is why an agreed settlement is made binding by consent orders or a binding financial agreement.
- For de facto partners, the court can make property orders only if the relationship lasted at least two years, there is a child of the relationship, the relationship was registered, or the person applying made substantial contributions and refusing an order would cause them serious injustice.
Who we act for
When people call us about property.
People call us when they have just separated and want to know where they stand before agreeing to anything, when they have agreed and want it made binding, or when a former partner will not disclose, will not negotiate or has already filed in court. We act for spouses and de facto partners, whether you hold most of the assets or few of them, including people who separated years ago and never formalised anything.
How we help
What we do in a property settlement.
Advice on where you stand
We work through what the Family Law Act asks: what you own and owe, what each of you contributed, including as a parent or homemaker, each person's current and future circumstances, and whether the result is just and equitable. Since the 2025 reforms, the Act expressly lists the effect of any family violence on what a person could contribute and on their circumstances, and of any material waste of property or financial resources caused intentionally or recklessly.
Disclosure and negotiation
Each of you owes the other full and frank disclosure while preparing for a property case. We gather and exchange the statements and valuations a fair outcome depends on, then negotiate, by letter or at mediation.
Consent orders and financial agreements
We prepare consent orders that work in practice: who transfers the home and when, what happens to the mortgage and how the super is split. Where a binding financial agreement suits you better, we draft it, or advise you on one drafted elsewhere.
Court, when agreement is not possible
If your former partner will not disclose or negotiate, or has already filed, we take the steps the court's rules require, then file or respond and run your case in the Federal Circuit and Family Court of Australia.
Time limits
The deadlines for a property claim.
For a married couple the 12 months runs from the date the divorce order takes effect, not from separation, so a couple long separated but never divorced are not out of time. For de facto partners the two years runs from the end of the relationship, a date that can itself be disputed, as our guide to de facto separation explains.
After that, a claim needs both people's consent or the court's leave, and the court grants leave for a property claim only if satisfied that hardship would otherwise be caused, to either spouse or a child after a marriage, or to the person applying or a child after a de facto relationship. Filing before the deadline means you need neither.
Your first call
What to bring to a first appointment.
Whatever you have to hand: a rough list of what each of you owns and owes, recent statements for your accounts, loans and super, your divorce order if there is one, and any letters or court documents from the other side.
If you have little on paper, that is fine too. The first conversation is about understanding your situation, not testing your paperwork. Our office is at Suite 10, 1 Main Street, Box Hill, a short walk from Box Hill station, with parking at Box Hill Central.
What to expect
How a property settlement proceeds.
What it costs to make an agreement final.
Our fixed fee for consent orders for an agreed property settlement is $2,750 including GST. It covers advice on your agreement, the application and proposed orders, including one super split and one property transfer, the notice to the super fund, filing and the sealed orders, and assumes full financial disclosure has been exchanged and no company, trust or business is involved. A binding financial agreement drafted from terms you have agreed, with the advice the law requires, is from $2,750 per party including GST. Advice on an agreement drafted elsewhere, negotiation, a disputed settlement and court proceedings are estimated in writing before any substantive work begins, and the court's filing fee is separate. Every price, and what costs more, is on our fees page.
Good to know
Common questions about property settlement.
Do we have to be divorced before we settle property?
No. Married couples can settle property before or without a divorce, and de facto partners once the relationship has ended. The divorce still matters, because a married couple's 12 month limit runs from the date the divorce order takes effect.
Is there a time limit on a property settlement?
Yes. Married couples generally have 12 months from the date the divorce order takes effect, and de facto couples two years from separation. After that you can apply only with both people's consent or the court's permission, and permission is not guaranteed.
Is superannuation part of a property settlement?
Yes. The Family Law Act treats superannuation as property, so it can be split by court order or a binding financial agreement. For consent orders that split it, the court's rules require the fund to be notified at least 28 days before filing, unless it consents sooner in writing.
What if my former partner will not disclose their finances?
Each of you owes the other full and frank disclosure while preparing for a property case, and the court as well once one starts. The court can order disclosure, take a failure into account and order costs, and can set aside orders where a failure to disclose has caused a miscarriage of justice.
Can one lawyer act for both of us?
For a binding financial agreement, no. Each of you needs independent legal advice before signing, one of the steps the Act sets for the agreement to be binding. For consent orders the law requires no lawyer, and we act for one of you alone.
Sources: Family Law Act 1975 (Cth), sections 4, 44, 71A, 71B, 79, 79A, 90G, 90RI, 90SB, 90SM, 90SN, 90UJ, 90XC and 90XZD, and Parts VIIIA, VIIIAB and VIIIB; Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth), rules 4.01, 10.04, 10.06 and 10.07, and Schedule 1, Part 1.
This page reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
Speak with a property settlement lawyer.
One call tells you where you stand, which deadline applies to you and how an agreement is made binding.