When a couple decides to divorce, one question often comes up early: Can you get divorced without a property settlement? The simple answer is yes, you can apply for and receive a divorce order even if you have not yet divided your property.
In Australia, divorce and property settlement are two different legal processes. You do not need to finalise one before starting the other. However, there are time limits and consequences to be aware of, which is why speaking to a family lawyer early can help you understand your options.
Even if you and your ex-partner are still working out who gets what, your divorce application can move forward. But once the divorce is granted, the clock starts ticking.
You usually have 12 months from the date your divorce becomes final to start property proceedings. If you wait too long, you may need court permission to apply, which can be more complicated.
Here are common questions people ask when facing divorce without a property settlement to help you understand how a family lawyer can support you through this process.
Read Also: What Factors Do Property Settlement Lawyers Consider When Dividing Assets?
What Can a Family Lawyer Help Me With?
A family lawyer supports individuals and families through many life changes. If you're going through a divorce but haven't yet sorted out your finances, they can explain your options and prepare the legal documents you may need. Here's how they assist:
- Property and financial matters: A family lawyer can help list out all shared assets and debts and guide you through a fair division.
- Time limits: They ensure you act within the 12-month time frame after divorce for property settlement.
- Spousal maintenance: If one partner needs financial help after separation, they can advise on what's reasonable.
- Parenting arrangements: For couples with children, a family lawyer can help develop parenting plans or consent orders.
- Binding agreements: Whether you agree or not, they can draft and finalise legal agreements to formalise the split.
No matter your situation, working with a family lawyer helps ensure your rights are understood and your voice is heard.
When Should I Contact a Family Lawyer?
It's best to speak to a family lawyer as early as possible. You don't have to wait until problems arise. In fact, early advice can make things simpler, quicker, and less stressful.
You should consider reaching out when:
- You are thinking about separating or have just separated
- You are unsure if a property settlement is necessary
- You and your ex-partner disagree about finances or parenting
- You want to apply for divorce but haven't yet discussed money matters
- You are worried about what happens if no agreement is reached
Even if things seem peaceful now, situations can change. A family lawyer can explain what steps you can take now to protect your future.
Read Also: Life After Divorce: Legal and Financial Steps
How Are Legal Fees Structured for Family Lawyers?
Every client's situation is different, so legal fees can vary. Most family lawyers offer clear fee structures and discuss costs with you early.
Common ways fees are set:
- Fixed fees: Some services, like divorce applications or consent orders, may have a set cost.
- Hourly rates:For ongoing advice or court matters, you may be charged based on time spent on your case.
- Retainer agreements: You may be asked to pay an upfront amount that is drawn from as work progresses.
A good family lawyer will explain how costs work before starting. They will also let you know if you qualify for legal aid or if alternative dispute options like mediation may reduce your overall legal expenses.
Do I Need to Go to Court for Family Law Matters?
Not always. Many separating couples can reach agreements outside of court. A family lawyer will usually try to help you resolve issues through negotiation, mediation, or collaborative law first.
You only need to go to court when:
- You and your former partner cannot reach an agreement
- One person refuses to share property or income information
- There are urgent issues, such as someone selling shared assets
- You are outside the 12-month time limit and need court permission
Even then, your family lawyer will guide you through each step, preparing documents and helping you understand what to expect. Many court cases are resolved before a final hearing.
How Do Family Lawyers Handle Parenting and Property Disputes?
Disputes can feel personal and overwhelming, but a skilled family lawyer focuses on practical solutions. Whether the disagreement is about money, the house, or the kids, they aim to reduce stress and help you make confident decisions.
Here's how they approach it:
- Listening: First, they'll hear your side and learn what's most important to you.
- Legal advice: Then, they'll explain your rights and options under family law.
- Negotiation: A family lawyer can talk to your former partner or their lawyer to try and find a middle ground.
- Documents: If you reach an agreement, they can write up legally binding documents such as consent orders or financial agreements.
- Court representation: If things can't be resolved privately, they will prepare your case and speak for you in court.
Many property disputes are settled through communication, not court battles. Working with a family lawyer gives you a professional on your side, keeping your best interests front and centre.
Moving On Without Loose Ends
While it is possible to get divorced without finalising a property settlement, leaving financial matters unresolved can cause complications later. Time limits, changing circumstances, and emotional stress can make things harder down the track.
That's why it's wise to get advice early, even before the divorce is final. A family lawyer can help you understand the bigger picture and plan the next steps. Whether you're ready to make decisions now or just gathering information, having a legal expert on your side can make a real difference.
Ready to Talk to a Family Lawyer in Stdney?
Do you have questions about divorce, parenting, or property division? Justice Family Lawyers can help.Our experienced team understands what matters most to families going through separation.
We listen, explain things in plain English, and support you every step of the way. Whether your situation is simple or complex, our family lawyers are here to offer guidance tailored to your needs.
Call us today to arrange a confidential consultation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
