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Browse trusted Property and Financial Settlement Lawyers near Brisbane QLD based on ratings and reviews
Average rating of Property and Financial Settlement Lawyers near Brisbane QLD
4.9
based on 1905 client reviews
Property and Financial Settlement Lawyers in Brisbane QLD
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+6140079..McCormick Family Law is dedicated to providing high-quality legal services aimed at achieving fair resolutions for clients experiencing relationship breakdowns or related issues. We emphasise negotiation and mediation for dispute resolution, utilising our skills for litigation when necessary. Our firm offers practical, cost-effective legal solutions, focusing on client needs in areas like divorce, separation, de facto relationships, parenting, wills, child support, and more. With commitment and experience, we ensure you receive clear and effective legal advice. For inquiries or appointments, contact us today to protect your legal rights.
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+6140080..Samford Family Law, established in 2016 by Justine Dean, is now operated by Hensen Maxwell Solicitors as of July 2023. We specialise in comprehensive family law services, including pre-nuptial agreements, property and superannuation splitting, parenting arrangements, child support, and domestic violence matters. Local resident Tamara Hensen is dedicated to continuing the exceptional work of Samford Family Law while offering the expertise of our parent firm, boasting over 35 years of experience. Our services also include property settlement, children's arrangements, divorce advice, domestic violence support, conveyancing, wills and succession planning, and deceased estates.
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Frequently Asked Questions
How is property divided in a separation or divorce in Brisbane?
When a relationship ends in Brisbane, property division follows a structured legal process. If you and your former partner agree on how to divide assets, you can formalise this through consent orders or a financial agreement, which is generally faster and less costly. If you cannot agree, you can use mediation or dispute resolution to help resolve disagreements. If agreement still cannot be reached, you can apply to the Court for property orders. For married couples, you must apply within one year of your divorce becoming final, while for de facto relationships, the deadline is two years from separation. The Court applies a four-step process to assess what is fair, considering all assets, liabilities, and individual circumstances. It is generally advisable to seek legal advice early to understand your options and protect your interests.
How do I find a property settlement lawyer in Brisbane?
To find a property settlement lawyer in Brisbane, you can search through LawConnect's directory of family law firms. LawConnect lists 77 firms across Australia specialising in property and financial settlements, with 2 located in Brisbane and 75 in nearby areas. The firms listed have an average rating of 4.9 stars based on 1905 reviews. Many offer free initial consultations, and some provide online services, making it easier to discuss your property settlement needs. When selecting a lawyer, look for someone with relevant experience in family law and property matters who can explain the process clearly and respond promptly to your enquiries.
How is superannuation divided in a property settlement?
Superannuation is treated as property under family law and can be divided between separating couples through superannuation splitting. This process pools the value of both parties' superannuation, divides it, and redistributes it according to their agreement or court order. The split doesn't convert superannuation into cash—the funds remain in superannuation and continue to be subject to preservation rules, typically remaining locked in until retirement. You can arrange superannuation splitting through a financial agreement, consent orders, or a court order. The trustee of the superannuation fund must be given notice of any proposed splitting arrangement before it can take effect. For Brisbane residents seeking advice on how superannuation splitting applies to your specific circumstances, you may wish to consult a property and financial settlement lawyer who can guide you through the process.
How long do I have to apply for property settlement after divorce?
In Queensland, you generally have 12 months from the date your divorce order is finalised to apply for property settlement through the court. If you were in a de facto relationship rather than a marriage, you have 2 years from the date of final separation to make your application.
If you miss these deadlines, you can still apply, but you will need to seek the court's permission to proceed out of time. The court will only grant this permission if you can demonstrate that you or a child would suffer substantial hardship without it. The court will also consider factors such as how long the delay has been, your reasons for the delay, and any prejudice to your former partner.
It is important to act promptly and seek legal advice as soon as possible after separation or divorce to protect your rights to property settlement.
What are consent orders in a property settlement?
Consent orders are proposed court orders that you and your former partner agree upon and ask the court to formalise, without needing to go to court for a hearing. They allow you to document your agreement about dividing property and finances in a legally binding way.
When applying for consent orders, both parties must make full financial disclosure, setting out their financial circumstances and confirming the information is accurate. You should exchange documents like tax returns, pay slips and bank statements to verify what's been disclosed.
Importantly, consent orders are legally binding court orders, even though they're made by agreement. Breaching them can have serious consequences, including contempt of court findings. Once finalised, they can only be changed in limited circumstances. You should seek legal advice before entering into consent orders to ensure the arrangement is fair and properly protects your interests.
Can property settlement be resolved through mediation?
Yes, property settlement can be resolved through mediation. Mediation is a dispute resolution process where an independent third party helps both parties reach agreement on financial matters. This process can occur before or after court proceedings commence and generally offers a more affordable and timely option compared to court litigation, while allowing you greater input into both the process and outcome. Mediated agreements about property can be formalised and made binding by the court through an application for consent orders. If you're seeking assistance with property settlement mediation in Brisbane, LawConnect can connect you with property and financial settlement lawyers who can guide you through this process.
How is property divided in a de facto separation?
Property division in a de facto separation follows the same legal framework as married couples in Queensland. You must apply to the court within two years of the relationship breaking down, though you can seek permission to apply after this deadline if you can demonstrate hardship.
To qualify, you generally need to show either that you lived together for at least two years, that you have a child together, that the relationship was registered, or that one party made significant contributions that would cause serious injustice if an order were not made.
The court then divides property and assets using the same approach as divorce cases, considering factors like financial and non-financial contributions, the length of the relationship, and future needs. For advice specific to your circumstances, consider contacting a property and financial settlement lawyer in Brisbane who can review your situation.
What happens to inheritance in a property settlement?
Inheritance is not automatically protected or automatically split in a property settlement. Whether it forms part of the settlement depends on the specific circumstances of your case. Courts consider factors such as when you received the inheritance, how it was used, the intentions of the person who left it to you, the size of your overall asset pool, each party's contributions to the relationship, and each party's current and future needs.
The simplest approach is often to reach an agreement with your former partner through a Consent Order, which formalises your agreed arrangement and makes it legally binding. If you cannot agree, the court will apply a structured framework to determine a fair and equitable outcome based on your individual situation.
For property settlement advice in Brisbane, you can contact a property and financial settlement lawyer through LawConnect to discuss how inheritance may be treated in your specific circumstances.
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