Barton Family Lawyers are highly experienced in negotiating asset division, often referred to as property settlements. We understand that property settlement can be a complex and overwhelming process. That’s why we are committed to providing our clients with personalised, prompt and professional legal services. We are the property settlement lawyer Brisbane turns to and our family court team is here to guide you through the intricacies of the law and help you reach an agreement that suits all parties.

Property settlements are where two parties separate their financial ties by dividing their property and document that agreement in a legally binding way. It is important to document any agreement reached by two separating parties as it protects each party from a claim by the other on their assets in the future.

Receive Guidance from Experienced Property Settlement Lawyers

Barton Family Lawyers is a leading property settlement lawyer Brisbane wide. Our team collaborate with one another to provide you with the advice and support you need to navigate property settlement with confidence. Contact us today to find out how we can help with your case. Call us on 3465 9332, or reach out to us online for a consultation.

Frequently Asked Questions (FAQ)

Do I have to be divorced to do a property settlement?

As soon as you have separated you can make arrangements to do a property settlement and split your property and debts between you and your ex-partner – you do not have to wait until you are divorced.

Do we have to go to Court?

No. If you have already agreed on a property settlement, that is, how things should be divided, we can draw up the agreement in a document called a consent order which will legally formalise the agreement regarding division of your property and debts, and guide you as to the legal processes necessary to implement the agreement.

What if we can’t agree?

There is an established process in cases where there is disagreement over how property should be split.

If an agreement cannot be reached, an application to the court can be made seeking an alteration of the property interests of the parties. This application must be made within 12 months of your divorce becoming final.

How does the court decide?

If the court has jurisdiction to make an order altering the property interests of the parties, it does so after considering the following 5 step process:

Is it just and equitable to make an order given the parties’ circumstances?
What is the nature and value of the property interests of the parties, including superannuation?
What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act?
How can an order be made which is just and equitable?

Want to know what to expect in a clean slate reduced rate consultation?

Click the link to book in your reduced rate consultation to discuss your divorce property settlement.

How is the property divided between the parties involved?

There is no set way on how property is to be divided between separating parties. The parties can enter into negotiations through their respective lawyers to try and negotiate the division of assets between them or they may attend a mediation with an independent mediator who will assist them to try and reach an agreement on the division of their assets.

If the parties cannot come to an agreement, an application to the Federal Circuit Court may be necessary.

If the matter is determined by a court, there is a 5-step process that the court undertakes in order to determine how the property of the parties is to be divided, as set out above.

What is the difference between a property settlement and a divorce?

A property settlement is the division of assets between parties in order to end their financial relationship.

A divorce is the formal ending of a marriage.

Is there a time limit for applications to the court seeking property settlement orders?

If the parties were married, application for property adjustment orders must be made within 12 months of your divorce becoming final.

If the parties were in a de facto relationship, applications for property adjustment orders must be made within 2 years from the final date of separation.

Can I still apply for a property settlement even if everything is in my former partner’s name?

Many things come into consideration when deciding who gets what property. If everything is in your former spouse/partner’s name, you can still request a property settlement, to alter the interests of the property more in your favour. In these circumstances, it is best to seek legal advice from an experience family law firm as soon as possible to avoid your former partner selling off assets without your knowledge or consent.

Are domestic tasks considered a contribution towards property?

Yes, domestic tasks are considered relevant when valuing the contributions of parties directly and indirectly towards the acquisition, maintenance and conservation of the property pool.

What if my former partner wants to sell the property but I don’t?

If the property is in joint names, both parties’ consent is needed in order to sell the property. If the property is in your former partner’s sole name, we recommend seeking urgent legal advice from experienced property settlement lawyers to find out what options are available to protect your interest in that property, until a formal property settlement takes place.

What happens if my partner moves out of the property and stops paying their share of the mortgage?

The party living in the property should in most circumstances be responsible for paying the mortgage and expenses for the home.

In circumstances where one party does not work and does not earn an income to financially support themselves, a court may order that the party not living in the property pays the mortgage by way of spousal maintenance if they have the income available to do so.

It is important to note that the bank does not care who pays the mortgage as long as it is paid. Therefore, if the mortgage is not being paid, the bank will chase both parties who are on the mortgage for payment.

A failure by both parties to pay the mortgage may affect your credit rating. This is why it is very important to come to an agreement following separation about which party pays the mortgage and the outlays for the home.

If you are living in the home and you are unable to pay the mortgage, we suggest contacting your bank, advising them that you have recently separated and requesting to enter into a hardship/interest only payment scheme for a few months, while your property settlement is being sorted out.

If my spouse acquires property following our separation, am I entitled to any of it?

Any property that is acquired post separation is included in the pool and included as part of the property settlement.

However, arguments may arise as to whether there should be an adjustment to the party who paid for that asset, if the asset was purchased from income acquired post separation.

In some circumstances, the court will quarantine certain assets acquired post separation and consider them in a separation ‘pool’ to the other pre-separation assets, where it is appropriate, just and equitable to do so.

What happens in the initial consultation for domestic violence? How does a domestic violence order protect me?

We can discuss your right to file a protection order against the other party, to protect your safety and the safety of your children.

Follow this link to read the answers from a domestic violence solicitor to the most frequently asked questions in relation to domestic violence order applications.

Want more information?

Check out our Common Questions page and the following family law news articles:

You may also like to check out our family law information videos for helpful tips, advice and information following separation:

You may also find the following family court information pages & fact sheets helpful:

Click the links on our page to find out more information about superannuation splitting, child support, spousal maintenance and your obligations in relation to financial disclosure in a property settlement matter.

Property Settlement Lawyer Brisbane – We can help you

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. Reach out for guidance from a dependable family law specialist. Barton Family Lawyers are the experienced property settlement lawyer Brisbane trusts for family court services.

Our team will empower you with advice, educate you about your options and provide you with practical and strategic guidance to enable you to achieve the best, quickest and most cost-effective resolution to your legal problem. Call us today on 3465 9332 to get started. You can also reach us online for a consultation.

I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

Jai

Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

Nat

Barton Family Lawyers are an exceptional group of people.

Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

I owe my future in large part to you and will be a lifelong advocate.

Timothy

Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

Debbie

Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

Kelly

Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

Keely

Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

Frank

Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
Cailey and Samantha were outstanding and extremely helpful with the whole process.
Highly recommend Barton Family Law for any family law matters

Trent

Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

Marta

Shinai and her team were great to deal with during a difficult seperation.

Professional and understanding from start to finish.

I have no hesitation in recommending Barton Family Lawyers

Martin

Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!

Nikki

I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

Cath

Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

Felicity

I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

Katrina

Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

Libby

Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

Jen

I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

Scott

Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

Marcela

I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

Dominique

Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

Sinisa

Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

Michelle

Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

Kym

I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

Danny

Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

Highly recommended if you want the work done right, first time.

Chris

Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
I could not have found anyone better to deal with my difficult separation than Barton family firm.
Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.