Property Settlement Lawyers Brisbane
Experienced property settlement lawyers in Brisbane, providing guidance and asset protection during divorce or separation.
How we help with property settlement
Cudmore Legal guides clients through every stage of a property settlement: working out what you may be entitled to, dividing property in a way that manages legal costs, and finalising a settlement agreement that minimises tax liability.
Investigate and identify the property pool
We conduct thorough asset investigations using state and government searches, examine bank statements and spending, and consult with accountants and valuers to build a complete picture of the property pool.
Legal advice on entitlements
We provide detailed counsel on what you are entitled to in a property settlement, based on your contributions and future needs.
Negotiation and agreement
Our lawyers negotiate directly with your former partner or their representatives to reach a fair agreement without unnecessary conflict.
Alternative dispute resolution
Where negotiation alone isn't enough, we represent you through mediation, arbitration, and litigation when necessary.
What is a property settlement?
A property settlement is the legal division of assets between two parties, often described in percentages, e.g. 50/50 or 60/40. It is formalised through Consent Orders or a Binding Financial Agreement.
The four-step process courts use
Step 1 – Identify and value net property (houses, cars, shares, superannuation and liabilities). Step 2 – Determine each party's financial and non-financial contributions (including homemaking and childcare). Step 3 – Weigh section 75(2) future needs factors: age, health, income, earning capacity, care of children, financial commitments, superannuation and standard of living. Step 4 – Arrive at a just and equitable outcome that avoids resentment and protects relationships with children.
Time limits for property settlements
De facto relationships: proceedings must begin within 2 years of separation. Married couples: an application must be served within 12 months of the divorce order becoming absolute. The court can grant leave to extend these limits in some circumstances, or parties can consent to proceed out of time.
Pre-action procedure
Step 1 – Invite the other party to participate in negotiation, conciliation, arbitration or counselling. Step 2 – Provide written notice of intention to commence proceedings if that fails. Step 3 – The other party responds within a nominated timeframe. Step 4 – An Initiating Application is filed if the matter remains unresolved.
Binding Financial Agreements vs Consent Orders
A Binding Financial Agreement can be made before, during or after a relationship and can deal with all aspects of property division, including superannuation. Consent Orders are made by the court with both parties' consent and must be just and equitable — they are generally easier to enforce than a Financial Agreement.
Real estate, superannuation, trusts and companies
Jointly-owned property requires both parties' consent to sell; sole-owned property may need caveat protection. Superannuation is treated as property and can be divided by court order or superannuation agreement. Assets held in family trusts or companies are considered part of the property pool, with their own complex transfer rules.