Daykin Family Law

Property Settlement Lawyers Brisbane

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Property Settlement Brisbane

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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FAQ’s

What is Family Law?

Family Law encompasses legal issues related to family relationships, such as marriage, divorce, child custody, child support, and the division of assets and debts among family members. It aims to address and resolve disputes within a family setup through legal interventions.

To get an estimate of your specific situation, you can use the Child Support Estimator available on the Services Australia website or contact Daykin Family Law for personalised advice.

How do I file for divorce?

To file for divorce, one must submit a divorce application to the appropriate family court. The process typically requires providing evidence that the marriage has irretrievably broken down, demonstrated by a separation period of at least 12 months.

Detailed requirements can vary by jurisdiction, so it’s advisable to consult legal guidance or the court’s website for specific instructions.

What are the grounds for divorce?

The primary ground for divorce in many jurisdictions is the irretrievable breakdown of the marriage, evidenced by a continuous separation period of at least 12 months. This approach focuses on the fact of marriage breakdown rather than assigning blame or fault to either party.

How does the process of mediation work in family law?

Mediation in family law is a voluntary process where a neutral third party, the mediator, helps the disputing parties reach a mutually acceptable agreement on issues such as divorce, child custody, and property division. The mediator facilitates communication but does not make decisions for the parties.

This process encourages cooperation and can often lead to solutions that are more flexible and suitable for both parties compared to court-ordered judgments.

What does child support cover?

Child support payments are designed to cover the comprehensive expenses associated with raising a child. These expenses encompass the child’s accommodation, education, medical care, and overall welfare.

The objective is to guarantee that children benefit from sufficient economic support from both parents, addressing their requirements like apparel, nutrition, accommodation, and involvement in after-school activities.