Daykin Family Law

Property Settlement Lawyers Brisbane

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Property Settlement Brisbane

Property settlement lawyer Brisbane
Property Settlement Lawyers in Brisbane
Property Settlement Lawyer

Whether you are leaving a marriage or a de facto relationship, our property settlement lawyers Brisbane team can ensure a fair division of assets upon the breakdown of your relationship. The Family Law Act 1975 (Cth) has a range of avenues available to protect your interests and lead to a resolution of all relevant financial matters.

Negotiating a property settlement in Brisbane can be a time-consuming and stressful process for both de facto and married couples alike. Separating couples can record their property settlement in a private agreement, by way of a Binding Financial Agreement, or by approaching the court for consent orders.

If you need a property settlement lawyer in Brisbane, we are ready to help. Contact us today. 

How Do Brisbane Property Settlements Work?

When looking for help with property settlement in Brisbane, you have a few options. Where a decision cannot be reached by both parties, you can approach the Federal Circuit and Family Court of Australia (Division 2)(for most financial disputes), or the Federal Circuit and Family Court of Australia (Division 1) for more complex matters. The Court process can assist to:

  • Put structure in place to narrow the issues in dispute through the process of exchanging disclosure, obtaining expert valuations, and ordering parties to make a genuine effort to settle at mediation;
  • Provide a party with maintenance to meet their reasonable living costs (including on an urgent basis);
  • Protect assets until final agreement or orders; and

Whether you reach an agreement out of Court or have to litigate to obtain your entitlement, the law we advise you on when it comes to property settlement is the same.

Broadly, this process involves:

  • Ascertaining the legal and equitable entitlements of both parties (which can include assets in another person’s or entity’s name), known as the “property pool”;
  • Assessing whether or not it is just and equitable to make orders for property settlement and, if it is, assess each party’s financial and non-financial contributions to the property pool and the relationship;
  • Considering other relevant factors that will impact your entitlement, such as your state of health, discrepancies in respective earning capacities, and care of children of the relationship under the age of 18 years; and
  • Considering whether the structure and monetary outcome of the proposed settlement is just and equitable or, in other words, appropriate

Whatever your needs or situation, our property settlement lawyers in Brisbane can help. Contact Daykin Family Law today to get started.

Get the Best Deal for your Divorce Property Settlement

Daykin Family Law has a broad range of extensive experience in navigating, resolving, and finalising divorce property settlement and financial issues in Brisbane upon the breakdown of a relationship, including acting for third parties whose interests are affected by divorce or de facto relationship breakdowns.

Property settlement is a complex area of law; therefore, sound and pragmatic advice from an expert property settlement lawyer is needed to ensure that all issues are fully assessed from the outset and steps are put into place to protect you and your interests throughout your whole matter.

For more information or to make an appointment with our property settlement lawyers in Brisbane, contact us today. 

You can contact Daykin Family Law by video, phone, or in person at our Fortitude Valley, Brisbane office. 

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Have an enquiry?
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No, there is no rule in Australia that mandates a 50/50 split of assets. The Court considers several factors, including each party’s financial and non-financial contributions, the length of the relationship, and future needs to determine what is just and equitable. For more details, see our article on 8 things you should know about property settlement.

It’s best to begin the property settlement process as soon as possible. Start by understanding your entitlements, then work with your lawyer to negotiate a settlement, preferably without going to Court. If an amicable agreement isn’t possible, Court proceedings may be necessary. Find out more about how it works and what to expect.

If your ex spouse refuses to engage in the property settlement process, legal action may be necessary. Your lawyer can suggest mediation or apply to the Court to finalise the settlement despite the other party’s reluctance.

Business valuations can be complex and are conducted using various methods. It’s crucial to provide all relevant financial information and to engage a professional valuer agreed upon by both parties to ensure an accurate and fair assessment.

If you miss the deadline you may need to seek permission from the Court to file late, which may not always be granted. Find more about the time limitations and implications here.

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Please fill out this form and one of our team will be in touch with you as soon as possible.

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Fortitude Valley, Brisbane (Main Office)
Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
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