Property Settlement Lawyers Brisbane
Clear, Practical Advice About Property Settlement After Separation
When a relationship ends, there can be important decisions to make about the family home, savings, investments, superannuation, debts and business interests.
At Daykin Family Law, our property settlement lawyers in Brisbane provide clear direction and practical advice to help you understand your options. Whether you are separating from a spouse or de facto partner, we can guide you through the property settlement process and help you work towards a sensible and workable resolution.
A property settlement is separate from divorce and may also need to be considered alongside spousal maintenance, parenting arrangements and child support.
Every property settlement is different. The law does not require property to be divided equally, and there is no automatic percentage that applies to every matter.
Broadly, a property settlement involves identifying the assets, liabilities and financial resources of the parties, considering the contributions made during the relationship and assessing other relevant circumstances, including care of children, health and each person’s future financial position.
Our lawyers can provide advice about the factors that may be relevant to your matter and the practical steps required to move forward.
For a general overview, read Property Settlement After Divorce: How It Works and What to Expect.
A property settlement may involve more than the family home. Depending on your circumstances, matters to consider may include:
- real estate and investment properties;
- bank accounts, shares and other investments;
- superannuation;
- businesses, companies, trusts and partnership interests;
- vehicles and personal belongings;
- mortgages, loans, credit cards and other liabilities; and
- financial resources or interests held by third parties.
Early advice can be particularly important where there are business interests, complex asset structures, significant debts or concerns about assets being sold, transferred or reduced in value.
Many property settlement matters can be resolved through direct negotiation, lawyer-assisted discussions or mediation. If agreement is reached, it is important to consider how that agreement should be formally documented.
Depending on your circumstances, an agreement may be formalised by:
- Consent Orders, which are made by the Court and can be legally enforceable; or
- a Binding Financial Agreement, which is a private agreement requiring each party to receive independent legal advice before entering into it.
Our team can provide advice about the most appropriate option for you and assist with negotiating, drafting and finalising the relevant documents.
Learn more about settling family law matters out of Court.
It is important not to delay obtaining advice about a property settlement.
For married couples, an application for financial or property orders usually needs to be made within 12 months after a divorce becomes final. For de facto couples, the usual time limit is two years from the date the relationship ended. Applications made outside these periods may require the Court’s permission.
If you are uncertain about the date of separation, or are concerned about a time limit, Daykin Family Law can provide focused advice about your position.
Speak With a Property Settlement Lawyer in Brisbane
Property settlement can involve important decisions about your home, finances, superannuation, business interests and future security. Before you agree to anything, it is important to understand your options and the steps available to protect your position.
At Daykin Family Law, our property settlement lawyers in Brisbane provide practical, strategic advice tailored to your circumstances. We can help you understand the process, work towards a sensible and workable resolution, and formalise an agreement where appropriate.
To make an appointment with our team, contact us today. Consultations are available by video, phone or in person at our Fortitude Valley office.
FAQ’s
Is property always divided 50/50 in a property settlement?
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.
How do I start the property settlement process?
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.
What if my ex-partner doesn’t want a property settlement?
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.
How are businesses valued in a property settlement?
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.
What happens if I miss the time limit for filing a property settlement?
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.
What assets are included in a property settlement?
All assets and liabilities are considered, including:
Real estate (homes, investment properties, land)
Bank accounts, shares, and investments
Vehicles and personal belongings
Superannuation
Business interests
Debts, loans, and mortgages
Do we have to go to court to finalise property settlement?
No. Many couples reach agreement through negotiation, mediation, or lawyer-assisted discussions. If an agreement is reached, it can be formalised through:
Consent Orders (approved by the Court), or
Binding Financial Agreements (private contracts between parties).
Court is usually the last resort if agreement cannot be reached.
Can superannuation be split in a property settlement?
Yes. Superannuation is treated as property under the Family Law Act 1975 and can be split between parties, either by agreement or court order. It is not usually accessed immediately but transferred into the other party’s fund.
What is the difference between property settlement and spousal maintenance?
Property settlement deals with the division of assets and debts.
Spousal maintenance is financial support paid by one party to the other if they cannot meet their reasonable living expenses.
Both can be addressed together during settlement.
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Our Location
Level 12, 269 Wickham Street
Fortitude Valley QLD 4006
