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.
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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.
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.
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.