Don’t wait until it’s too late: the property law guide you didn’t know you needed
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Separations are never easy – but when it comes to dividing assets, property law is a whole other ball game.
Not only is it personal, but it can be messy. And for many people, knowing where to start and who you can talk to can be the biggest challenge. That’s where Nicholls Anzani Family Lawyers come in.
Specialising in property (amongst many other things), and founded by Timothy Nicholls and Ana Anzani, they’ve seen everything you can think of when it comes to property division in family law – and they have one key message: get in early.
“As the saying goes, ‘Those who don’t prepare, prepare to fail’. Whether separation is on the cards or not, there is something to be said for organising what will happen in the event you separate, while in a clear state of mind,” says Timothy.
“During separation, the emotions are running high, which can lead to suboptimal decision-making. Preparing ahead of time avoids all of that, and sets out a pathway that is agreed by both parties, in the event of separation.”
Why early legal advice is your best asset
The team understands that reaching out isn’t easy. They say that in many cases, people feel anxious about the thought of engaging a family lawyer because they see it as validating their separation.
But the only way to avoid sleepless nights is to get advice early so you know your rights.
“It is seen as a line in the sand which some people aren’t yet ready to draw,” explains Ana.
“This is entirely understandable, but that said, it is this reluctance which can often prejudice an optimal outcome at the end.”
“Delay is something that should be avoided where possible. Obtaining advice at the outset means you are better armed with knowledge; to know your rights and what pathway is best for you.”
What do you need to know?
Basically, it’s important to know what you don’t know. But one thing you should know is that not everything is split equally, so don’t be afraid to ask questions and be prepared to provide financial documents, bank statements and superannuation statements and other relevant paperwork.
“It is useful to prepare a simple balance sheet showing your understanding of your marital or de facto assets and liabilities to show your family lawyer”, says Timothy.
“This will guide them in what questions to ask, and you will then receive feedback on what documents you will be expected to provide by way of disclosure.”
“If you don’t understand what your lawyer is telling you, it is important you raise it at the time so they can explain it a different way in terms you understand.”
Still confused? As Ana puts it, when it comes to family law, “this is the jurisdiction of show and tell, not hide and seek.”
Pre-nups: the first step towards protecting your financial interests
In Australia, there is only one way to protect property in advance of separation.
“A financial agreement, also known as a ‘pre-nup’,” says Timothy.
“This is an agreement between you and your spouse as to how you will divide your property – or not divide it – in the event of separation. You can be married or de facto, not yet living together, in the relationship or marriage, or separated to do this agreement.”
If you don’t have a financial agreement and you’re in a de facto relationship, you have two years from the date of separation to resolve your property settlement and if you’re separated. So too, if you don’t have a financial agreement and you’re divorced, you have one year from the date your divorce order comes into effect to resolve your property settlement.
Home is where the heart is
It’s rare that you’ll feel emotionally prepared for negotiations when it comes to property settlement – but when it comes to protecting yourself, you should be looking for specialised expertise in this area.
And with property settlement provisions of the Family Law Act 1975 (Cth) undergoing huge changes in June 2025, Timothy and Ana say that they’ll have their clients back, as they strive to get the best outcomes.
“Nothing could be more personal than your financial security and while navigating a separation and trying to ensure security; it is a consequential component that some level of emotion will be involved,” adds Ana.
“People don’t go to a heart surgeon to conduct their brain surgery, the same can be said for lawyers. Engaging a specialist family lawyer is essential to assist you through the process, to ensure you are achieving optimal outcomes and reducing your costs in the long run.”
Ready to take that first step? Visit nichollsanzani.com.au or call (02) 7259 4130 to learn more.
