Family Law & Property Settlements
Protect Your Assets, Your Business, and Your Future.
Practical legal advice for a cost-effective split. No lectures. Just a clear path forward.
Splitting up is tough, but losing what you’ve worked hard for is tougher. Whether you were married for twenty years or lived as a couple for two, the law treats your assets similarly.
If you’re worried about your home, your business, your trade gear, or your super, you need to know exactly where you stand. We provide practical legal advice for separations.
No lectures. Just a clean break and a clear path forward.
You need a clear path forward
or call 8116 4244
Property & Money: Protecting Your Share
Whether it’s a family home in Salisbury or a joint business, we make sure the numbers add up. We specialise in complex splits for hardworking couples. Depending on where you are at with your ex, we provide two paths forward:
Path 1: The Agreed Settlement (Fast & Certain)
If you and your ex have already reached an agreement, you are 90% of the way there. However, a handshake deal is not a legal clean break. We turn your informal deal into an ironclad Consent Order. This provides:
- Total Legal Closure: Your ex cannot come back years later to claim your future house, savings, or inheritance.
- Stamp Duty Exemptions: In SA, a formal Order usually saves you $15,000–$25,000 in Stamp Duty on transfers between you on your houses or cars.
- Super Splitting: We handle the complex paperwork required to move Super balances—something you cannot do privately
Path 2: The Contested Split (When things get messy)
If communication has broken down or your ex is being difficult, you need a heavyweight in your corner to protect your share. We step in to handle the stress when:
- Hiding Assets: If you suspect your ex is tucking money away we use the Disclosure Laws to dig into the books and penalise dishonesty.
- Business & Trade Protection: We ensure your company, family trust, or "tools of trade" are valued fairly so you can keep earning a living.
- Market Value Disputes: With house prices spiking, we ensure you get your share of the current value, not what the house was worth years ago.
- Refusals to Negotiate: If your ex won't move out or refuses to talk, we provide a roadmap to force a resolution so you aren't stuck in limbo.
Why Moloney & Partners for your Split?
- Trusts, Companies and overseas assets? You cannot afford a DIY approach. We work to ensure these are valued correctly and that the control of these entities is handled properly. We focus on solutions that allow a family business to keep running while ensuring you get your fair share of its value.
- No Upfront Legal Fees: If you are selling or refinancing your home as part of the property split, we may be able to defer our fees. If you qualify, you won't pay us until your settlement is finished.
- Practical Advice: We focus on the "Property Pool"—your home, investments, super, and gear—to ensure you walk away with exactly what you are entitled to.
Property & Financial Separation: A clear path forward
or call 8116 4244
Kids & Parenting: Protecting Their Future
When you have invested in private education and a busy lifestyle, a "handshake" isn't enough. We draft clear, formal agreements that ensure your children’s needs are met without ongoing conflict.
- Private School Fees & Education: We document exactly who pays for tuition, uniforms, and building levies so your child’s schooling is never a bargaining chip.
- Sport, Travel & Health: From interstate tournaments and music tuition to overseas holidays and braces—we define who pays and how travel is approved.
Your Three Options for Certainty:
Option 1: Parenting Plans (The Map)
A flexible, written agreement. Best for parents with high trust who want a clear guide for school holidays and extra costs as kids grow.
Option 2: Binding Child Support Agreements (The Guarantee)
A specialised contract that goes beyond the basic government assessment. This is the only way to legally guarantee payment for "extras" like private health insurance, elite coaching, and private school fees.
Option 3: Consent Orders (The Shield)
A Parenting Plan formally "stamped" by the Court. It provides an ironclad legal safety net—essential for families with high-cost commitments like private tuition or international travel.
Children & Parenting Disputes: A clear path forward
or call 8116 4244
Questions and Answers
Yes – unless you get a formal Family Law agreement. [cite: 55]
In SA, transferring a house or a car normally triggers a massive Stamp Duty bill. [cite: 56] On a median-priced home in Salisbury, this could easily cost you $15,000 to $25,000. [cite: 57] However, if you have a formal Consent Order or a Binding Financial Agreement, you are usually eligible for a full Stamp Duty exemption. [cite: 58] Our fees often pay for themselves just in the tax you save. [cite: 59]
A clear path forward
or call 8116 4244
No. [cite: 63]
In Australia, a handshake deal is not legally binding. [cite: 64] Without a formal Court Order, your ex can come back years later – even after you’ve rebuilt your life – and claim a piece of your new house, your savings, or even a future inheritance. [cite: 64] A Consent Order provides a “clean break” and total legal closure. [cite: 65]
A clear path forward
or call 8116 4244
Business interests are considered part of the “property pool.” [cite: 69]
We work to ensure that valuations are fair and that the “control” of the business is handled properly. [cite: 70] We focus on solutions that allow a business to keep running while ensuring the other partner gets their fair share of the value. [cite: 71]
A clear path forward
or call 8116 4244
Yes, but you cannot do this privately. [cite: 75]
Super funds will only move a balance from one member to another if they are presented with a formal Court Order or a Binding Financial Agreement. [cite: 76] We handle the “Super Splitting” paperwork to ensure your future is protected. [cite: 77]
A clear path forward
or call 8116 4244
The Court is now required to consider the economic impact of family violence. [cite: 81]
If coercion, control, or financial abuse made it harder for you to work or build your own wealth, the Court can adjust the property split in your favour to help you get back on your feet. [cite: 82]
A clear path forward
or call 8116 4244
It depends on how long you were together and what the money was used for. [cite: 86]
We can give you a clear assessment of what is protected and what is “in the pool.” [cite: 87]
A clear path forward
or call 8116 4244
This is a common and stressful situation. [cite: 91] You don’t necessarily have to wait for someone to move out to start your property settlement. [cite: 91] We can help you negotiate a roadmap. [cite: 92]
A clear path forward
or call 8116 4244
Usually, your “tools of trade” stay with you so you can keep earning a living. [cite: 96]
However, their value may still be part of the total asset pool. [cite: 97] Because vehicle and equipment prices have spiked recently, it’s important to get an accurate valuation so you aren’t over-paying in your settlement. [cite: 98]
A clear path forward
or call 8116 4244
Most of our clients never see the inside of a courtroom. [cite: 102]
About 90% of family law matters are settled through negotiation or mediation. [cite: 103] Our goal is to draft a Consent Order or Binding Agreement. [cite: 104]
A clear path forward
or call 8116 4244
There is no “automatic” 50/50 rule in Australia. [cite: 108]
The Court looks at financial contributions (who paid the mortgage) and non-financial contributions (who looked after the kids and the home) and “future needs.” [cite: 109]
