Property Settlement Lawyers in Queensland
A property settlement divides what you and your former partner own, owe and hold in superannuation. The rules changed on 10 June 2025 and they apply whether a court decides your matter or you agree it between yourselves. If you were married, you generally have 12 months from the divorce becoming final to apply to the court. If you were de facto, two years from separation.
How we help with a property settlement
We act from the first conversation about where you stand through to a contested application. We can:
Free 15 minute call to work out where you stand.
Complimentary 15-Minute Call with a Family Lawyer
In 15 minutes, a Brisbane family lawyer will pinpoint the deadline that applies to you, your best next step, and the documents to gather first.
By filling this in you are ok with us contacting you back by phone, sms or email, if you have a preference, please let us know.
This call is general guidance only and not a full advice appointment.
What changed on 10 June 2025, and does it affect you?
Almost certainly yes. The Family Law Amendment Act 2024 changed how property settlements are decided, and the changes started on 10 June 2025. They apply to new and existing court proceedings, except where a final hearing has already begun, so they can apply even if the application was filed before that date.
They also apply if you never go near a court, because couples negotiating between themselves are expected to follow the same process. Orders already made do not change. The court sets out what changed and when.
How a property settlement is actually decided
There is no fifty fifty starting point. The Act now sets out what the court must do, in order.
- Identify all property and liabilities of both parties
- Assess each party’s contributions to the property pool and to the welfare of the family
- Assess each party’s current and future circumstances, including age, state of health, and the care and housing needs of any children
- Make orders only if they are, in all the circumstances, just and equitable
Contributions are not only financial. Homemaking and parenting count. So does what each of you brought in at the start, and what you did with it since.
What Our Clients Say About Us
Clients describe our team as professional, empathetic and clear in the way we explain options and next steps.
I can't highly recommend Queensland Family Law Practice enough. Shan and her team are great to deal with and professional. Shan displays empathy and her insight helped me achieve a better than expected outcome in my Family dispute. There was always regular communication between me and QFLP and all my emails were promptly answered. I would be happy to use their services again if the need arises in the future.
Good day, I’d like to share my thoughts regarding my friend Haley Kennedy. Recently seeing Hayley was delighted to listen talk so passionately her job and how she remains so strongly committed to consistently providing her clients and staff with her unique and extraordinary high level of service and professionalism. Lastly I must add that as Haley is a working Mother , she is remarkably time dedicated and maintains consistency and reliability 2nd to none. Kindly Annette Olver
Extremely helpful, quick turn around, easy to deal with and great support
Navigating a divorce has been one of the most challenging experiences of my life. I could not have done this without the support and guidance of the team at QFLP. A highly informative and professional team who stayed with me for the journey. I have a very grateful heart - thank you QFLP!
I cannot speak highly enough of Hayley Kennedy from Queensland Family Law Practice. She has provided tremendous support throughout my children’s custody matter and has made a very difficult process much more manageable. Hayley is professional, knowledgeable, and genuinely caring. Beyond the legal guidance, she equipped me with practical tools to improve communication with my children and helped me better understand teenage behaviour and ways of thinking. That insight alone has made a significant difference in my relationship with them. I am truly grateful for her support, patience, and guidance. I would highly recommend Hayley to anyone needing family law assistance.
I had never dealt with lawyers before and was feeling completely overwhelmed by a business dispute I was facing. Hayley took the time to speak with me, quickly understood the situation, and helped me make sense of what needed to be done. She was calm, approachable, and explained everything in a way that made me feel at ease and back in control. What really stood out was that Hayley didn’t just focus on the legal side — she took the time to consider who would be the best fit for me overall, including experience, personality, and who I would feel comfortable working with, as well as who had the capacity to take the matter on. She explained, that is how the firm works, different many other lawyers. QFLP is so much more than just giving legal advice. Hayley explained to me that there is also an emotional outcome and QFLP place high importance on ensuring you are supported through , not just the legal process, but connecting you with other experts, because it is more than just a process, it is a part of your life’s journey. Hayley connected me with a lawyer who would be the right fit for my situation, and took the time to speak with them directly to ensure they understood the background before connecting us. It wasn’t just about the legal side — she understood the pressure I was under and helped me approach things in a much calmer and more controlled way, rather than reacting emotionally or feeling pushed into decisions. Her initial advice and guidance at the outset made all the difference, and I would highly recommend her, and the team at QFLP, to anyone needing clear, practical and genuinely supportive advice and guidance.
I'd like to thank the team at QFLP and in particular Hayley, her knowledge, experience and real desire to help as well as her communication with me, through what has been a difficult time made the whole process so much more manageable to get through. Her overall demeanour and holistic approach to family law matters and genuine care for helping others are a credit to the team and the firm and i highly recommended them.
How long do you have to apply?
Twelve months from the day your divorce becomes final if you were married. Two years from separation if you were de facto. Those are two different clocks and people are routinely given the wrong one.
Only three things stop the clock: filing an application with the court, obtaining consent orders, or signing a binding financial agreement. A private understanding does not, however genuine it is. Once the time has passed you need the court’s permission to apply, which is a separate application and never a formality. The Federal Circuit and Family Court of Australia sets out the time limits for financial and property orders.
Can family violence affect a property settlement?
Yes, and this is the substantive change. From 10 June 2025 the economic effect of family violence must be considered, where relevant, when property and finances are divided. The Act now makes clear that economic or financial abuse can amount to family violence, and it names dowry abuse as an example.
It can bear on the assessment two ways. On contributions, if one person was prevented from working. On current and future circumstances, if there are ongoing counselling or rehabilitation costs.
Be clear about the limits. The family law courts cannot sentence anyone for family violence, cannot order compensation for harm, and cannot make or vary a protection order. Those are matters for state courts.
Superannuation is property, and you can make it visible
Superannuation is divided as part of the pool. A split divides the interest itself rather than releasing cash, so the money stays in the superannuation system until a condition of release is met. It is frequently the second largest asset after the home.
If your former partner will not say what they hold, there is a direct route. In a current property settlement proceeding you or your lawyer can apply to the court for their superannuation information held by the Commissioner of Taxation, using the Superannuation Information Request on the Commonwealth Courts Portal, under section 90XZJ of the Family Law Act 1975.
The catch is the word current. It only becomes available once a proceeding is on foot, so it is no help while you are still negotiating privately. If disclosure has stalled, that changes when it is worth filing.
What happens to the family pet?
Most people sort this out themselves and the law expects that. Since 10 June 2025, if you cannot agree, the court must work through a list of matters that applies only to companion animals.
What the court weighs, and what it will not do
The list includes any animal abuse, including threatening behaviour, as a form of family violence, and the attachment each of you or the children has to the animal. Before you spend money arguing, know the limit: the court cannot order joint ownership and cannot order shared possession. It decides who keeps the animal.
Disclosure is now a duty under the Act
Both of you must give each other, and the court, all relevant financial information and documents. On 10 June 2025 that duty moved out of the court rules and into the Family Law Act. The obligation did not change, but it now applies on the face of the Act to every financial dispute after separation, and it is ongoing.
What happens if someone does not disclose?
The court can take the non-compliance into account in the settlement itself, make a costs order, defer or dismiss part of the proceedings, or punish contempt with a fine or imprisonment. The first does the most work: a party who hides one asset invites the court to assume the worst about the rest.
Legal fee funding
A flexible way to fund your family law matter
The cost of legal advice should not stand in the way of getting support. Through our partnership with JustFund, eligible clients can access a flexible line of credit for legal fees and expenses related to separation or relationship property proceedings.
You repay the loan at settlement, helping reduce the pressure of paying legal costs upfront.
Subject to JustFund approval and funding terms. Fees and charges apply.
Where to find us
Call (07) 3172 3777 or email enquiries@qflp.com.au.
We are open Monday to Thursday 7:30am to 5pm and Friday 7:30am to 4pm. Consultations are available in person, by phone or by video.
If you need to bring your children to an appointment, we have a children’s room so you can concentrate on the conversation.
Common questions about property settlement
Below are the questions people ask us most about dividing property.
Do we have to go to court to divide our property?
No. Most matters resolve without a hearing. Consent orders or a binding financial agreement make an agreement enforceable without either of you appearing.
Does it matter whose name the house is in?
No. The title does not decide the outcome. The house goes into the pool and is assessed on contributions and future circumstances like everything else.
Can we just agree between ourselves and leave it there?
You can agree, but an informal agreement is not binding and does not stop the clock. Either of you can still apply to the court later while you rely on the handshake.
What if my former partner is hiding assets?
Disclosure is a duty under the Act and there are real consequences for breaching it. If a proceeding is on foot, you can also request the superannuation information the Tax Office holds for them.
Can I get advice if I cannot pay upfront?
Possibly. External funding providers may cover your approved legal fees so they are paid at the end of your matter. Ask about fee funding on your first call.
Talk to a family lawyer about your property settlement. Call (07) 3172 3777 or book a consultation and we will map out your next step.