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    • Courtney Barton – Legal Practice Director & Founder
    • George Finn – Director
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    • Spousal & Separation
      • Beware the criminal consequences of false allegations of sexual abuse
      • Initial Contributions Count – 8 years + 1 child = 78%/82% to Husband
      • Validity of Overseas Orders – Parenting, Marriage and Divorce Orders
      • Superannuation Splitting in Financial Agreements
      • Is my Binding Financial Agreement Binding?
      • Bodilly & Hand: Spousal Maintenance ordered 17 years after separation
      • Admissibility of admissions at mediation in court proceedings
      • Does your Financial Agreement Protect you from a maintenance claim?
      • The Alter Ego Principle – When a Spouse uses a trust to hide assets
      • Do I have to mediate before court? The exemptions Explained
      • Pet Custody – Who gets the dog in a divorce?
      • Top 10 Myths in family Law Finally Exposed
      • Honesty is the best policy – Why tell your divorce lawyer everything
      • My ex is selling assets. What can I do??
      • 6 secrets revealed to help you protect your assets and your family after separation. No. 1 and 2 will blow your mind.
      • Spousal Maintenance – Do I have to support my ex after divorce?
      • Who stays in the home after separation?
      • Can I go to court without doing mediation first?
      • Assessing initial contributions in a long relationship
      • What to do and what not to do before you separate
      • CGT rollover for marriage breakdowns – Ellison & Sandini Explained
      • Domestic Violence Order Applications – How to boost your chance of success
      • Going back to work after Divorce
      • Mediation
      • 10 tips to Protect your Assets
      • Am I in a De Facto Relationship?
      • Property Acquired after Separation – how is it treated?
      • Divorce – What you need to know
      • Petrie Family Law Expert speaks about ‘The Twelve year Itch’
    • Parent
      • Court Ordered Paternity Test – What, Why and How
      • NEWS ALERT – You do NOT need a s60I certificate to file your parenting application – Valack & Valack
      • What is sole parental responsibility?
      • How does a DVO affect parenting orders?
      • Do you want sole Custody? Here’s what NOT to do.
      • SHOCK: Drug use in Australia worse than ever. Drugs & family law explained
      • SHOCK: Drug use in Australia worse than ever. Drugs & family law explained
      • When is supervised time ordered? Is Narcissistic Abuse enough?
      • Interim Parenting Orders
      • What is substantial and significant time?
      • Am I a parent?
      • My ex is in contravention of a Parenting Order. What can I do?
      • My Parents lent me money. Is it treated as a gift or a loan?
      • Gay Couple Win Appeal on sperm donor ‘parent’
      • How to spend more time with your children
      • Parental Alienation in Family Court Disputes: Part 2
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      • Finally revealed: Top 10 things people do wrong in child custody matters
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      • Change in residence for children because of Mother’s inability to protect the children from harm
      • Courtney’s Cases: Interim Orders appealed as Judge avoids determining issues
      • Mother’s persistent accusation that the Father sexually abused their child results in orders for no time with the Mother
      • Relocation – Full Court confirms decision allowing ADF Mother a ‘blank cheque’ relocation to wherever posted in her employment
    • Property
      • Top 15 things people do wrong in a property dispute
      • Hiding assets in a divorce
      • Injunction to stop my ex selling assets
      • What is a Superannuation Payment Flag?
      • Difference between property and a financial resource in family law
      • Impact of overseas divorce on Australian property settlement
      • Breakdown of a De Facto Relationship – Fairbairn v Radecki
      • How Trusts are dealt with in a Property Settlement
      • Redundancy payment – how is it treated?
      • Future inheritances – when can they be taken into account?
      • Can the court order someone to leave a house? – Ouster Orders
      • Time Limits in Property Settlement
      • Beware: failure to disclose may derail your consent order
      • Duty of Disclosure
      • What is just and equitable?
      • Why you should formalise your property settlement
      • Is domestic violence relevant in a property settlement?
      • Varying property orders
      • Defaulting on Property Orders is Dangerous
      • Effect of Bankruptcy on property settlement
      • Courtney’s Cases: Centrelink fraud or a fraudulent representation to the Court?
      • Limitation periods against solicitors for defective Financial Agreements
      • Clayton & Bant – A multi-jurisdictional family law dispute
      • Dunworth & Faletti: Application for injunction to stop sale of property where jurisdiction not yet established
      • Court dismisses application for property settlement for same sex couple of 27 years
    • Child Support
      • I want to set aside a Binding Child Support Agreement
      • I want to challenge my child support assessment
    • Other Legal
      • Out With the Old, In With the New: Why Fixed Fees are better
      • NEWSFLASH – What are the New Family Law Rules?
      • Apprehended Bias – should Judges & lawyers have drinks pre-judgement?
      • Inquest of Jack & Jennifer Edwards – Lessons Learned
      • 6 things you MUST know before hiring a family lawyer
      • Admissibility of opinion evidence & expert evidence in family law matters
      • Admissibility of recordings in family law cases
      • COSTS ORDERS
      • WARNING PRACTITIONERS: New Family Law Rules from 1 March 2018
      • Review of the Family Law System
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Divorce Property Settlement Lawyers


Frequently Asked Questions (FAQ’s)

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 between you, 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:

  1. Is it just and equitable to make an order given the parties’ circumstances?
  2. What is the nature and value of the property interests of the parties, including superannuation?
  3. What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
  4. What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act?
  5. 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 clean slate reduced rate consultation  to discuss your divorce property settlement Brisbane.

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 lawyer 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 an experienced family lawyer 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.

Click the link to answer 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:

  1. What to do and what not to do when you separate
  2. Why you should formalise your property settlement; 
  3. Is Domestic violence relevant in a property settlement?
  4. 6 secrets revealed to protect your assets 
  5. 10 tips to protect your assets
  6. 6 things you must know before hiring a family lawyer
  7. Your Duty of Disclosure 
  8. Spousal Maintenance – supporting your ex partner after separation 
  9. Initial contribution of assets in a long relationship 
  10. What is the just and equitable requirement?
  11. Chancellor & Mccoy – no property order just & equitable after 27 year relationship
  12. Am I in a de facto relationship?
  13. Property acquired after separation – how is it treated? 
  14. Future inheritances – when are they taken into account?
  15. Failure to disclose an asset can derail consent orders 
  16. Consequences of Defaulting on property orders 
  17. Varying property orders 
  18. Who stays in the home after separation?
  19. Can the court order someone to leave the house – ouster orders 
  20. Money lent from parents – gift or loan?
  21. The impact of centrelink fraud on a property settlement 
  22. CGT rollover relief for transfers of property pursuant to family court orders 
  23. Costs orders 
  24. Divorce – what you need to know
  25. Going back to work after divorce 

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

  1. What is my separation date?
  2. How do I leave a relationship with no financial means?
  3. How a court determines your property settlement entitlements
  4. Time limits on property settlements 
  5. 6 things you must know before hiring a family lawyer
  6. What to do and what not to do when you separate
  7. How to formalise a property settlement or parenting agreement 

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

  1. Property and finances after separation; 
  2. Reaching an Agreement without going to court; 
  3. If you agree about property & finance; 
  4. If you don’t agree about property & finance; 
  5. Complying with Financial Orders.

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.

We can help

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. We are experienced negotiators.

Our property settlement lawyers empower you with advice, educate you about your options and provide you with practical and strategic advice to enable you to achieve the best, quickest and most cost effective resolution to your legal problem.

Contact us to arrange a reduced rate consultation with our experienced Brisbane family lawyers and take the keys to your future today.
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    Areas of Practice

    • Child Custody Lawyers Brisbane
    • Divorce Property Settlement Lawyers
    • Fixed Fee Divorce Lawyers
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    • Only do family law all day every day. That makes us really good at what we do;
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    • Will help you to reduce the conflict with your former partner;
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    • Will educate you about your options, the steps you need to take and we will develop a strategy to help you to achieve a fair outcome and the best practical outcome for you and your family;
    • Will provide you with practical, realistic, commercial and strategic advice to empower you to make smart decisions following separation that will save you time, money and stress;
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    • Phone: 3465 9332
    • Email: [email protected]
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    • Website: Aspley Family Lawyers

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