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Phone: 3465 9332

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  • Our Team
    • Courtney Barton – Legal Practice Director & Founder
    • George Finn – Executive Director
    • Ellie Prior – Solicitor
    • Tenayah Miano – Paralegal
  • Our Services
    • Divorce Property Settlement Lawyers
    • Family Law Spousal Maintenance
    • Superannuation Splitting & Advice Lawyers
    • Child Custody Lawyers
    • Child Support Lawyers
    • Child Relocation Family Lawyers
    • Child Abduction Family Lawyers
    • Fixed Fee Consent Orders Brisbane
    • Binding Financial Agreements
    • Fixed Fee Divorce Lawyers
    • Domestic Violence Lawyer – DVO Domestic Violence Order
    • Child Adoption Lawyer & Advice
    • Family Court Process
    • Family Mediation Services Brisbane
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Divorce Property Settlement Lawyers

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 learn more about what’s on offer in your clean slate reduced rate consultation.

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.

We 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 today

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Areas of Practice

  • Child Custody Lawyers
  • Divorce Property Settlement Lawyers
  • Fixed Fee Divorce Lawyers
  • Domestic Violence Lawyer – DVO Domestic Violence Order
  • Superannuation Splitting & Advice Lawyers
  • Fixed Fee Consent Orders Brisbane
  • Mediation Representation
  • Child Relocation Family Lawyers
  • Child Abduction Family Lawyers
  • Child Support Lawyers
  • Family Law Spousal Maintenance
  • Child Adoption Lawyer & Advice
  • Family Court Process
  • Family Mediation Services Brisbane
  • Binding Financial Agreements

Common Questions & Concerns

  • How to spend more time with your children
  • What is substantial and significant time 
  • Parental Alienation in Family Court Disputes – Pt 1
  • Parental Alienation in Family Court Disputes – Pt 2 
  • Top 10 things people do wrong in child custody matters
  • What age can a child decide where they live?
  • Admissibility of recordings in family law cases 
  • Am I a parent?
  • I’m Not a parent. Can I apply for a parenting order? 
  • I want sole custody
  • Can I go to court without doing mediation first?
  • Can parenting orders be changed? 
  • Relocation of Children
  • Interim relocation of children cases
  • Unilateral relocation of children
  • International travel with children after separation
  • My ex is breaching a parenting order. What do I do? 
  • When is supervised time ordered?
  • Is a child’s changed views enough to change a parenting order? 
  • Interim parenting orders – why can’t the judge make the orders I want? 
  • When can you change your child’s surname?
  • What is substantial & significant time?
  • Domestic violence order applications – boosting prospects of success
  • What to do and what not to do when you separate
  • Why you should formalise your property settlement;
  • Is Domestic violence relevant in a property settlement?
  • 6 secrets revealed to protect your assets 
  • 10 tips to protect your assets
  • 6 things you must know before hiring a family lawyer
  • Your Duty of Disclosure 
  • Spousal Maintenance – supporting your ex partner after separation 
  • Initial contribution of assets in a long relationship 
  • What is the just and equitable requirement?
  • Chancellor & Mccoy – no order after 27 yr relationship
  • Am I in a de facto relationship?
  • My ex is selling assets. What can I do?
  • Property acquired after separation – how is it treated? 
  • When are future inheritances they taken into account?
  • Failure to disclose an asset can derail consent orders 
  • Consequences of Defaulting on property orders 
  • Varying property orders 
  • Who stays in the home after separation?
  • Can the court order someone to leave the house – ouster orders 
  • Money lent from parents – gift or loan?
  • The impact of centrelink fraud on a property settlement 
  • CGT rollover relief for transfers of property pursuant to family court orders 
  • Costs orders 
  • Divorce – what you need to know
  • Going back to work after divorce 
  • Step-Parent awarded interim custody over parent 

If you are a law student, graduate or early career lawyer, reach out to Courtney who is also a law Coach. Courtney’s law coaching services are invaluable to young lawyers. Courtney’s one on one law coaching services will help you to achieve massive success in your legal career.  Check out Courtney’s website for the Thriving Young Lawyer to learn more about Courtney’s law coaching services.

Individual liability limited by a scheme approved under professional standards legislation.

Contact Us

Head office

  • Address: 4/996 Anzac Avenue, Petrie QLD 4501
  • Parking: Underground parking available at the back of the building via O’Loan Street
  • Phone: 3465 9332
  • Email: george.finn@bartonfamilylaw.com.au
  • Website: Petrie Family Lawyers

Northside – Chermside Office

  • Address: 822 Gympie Road, Chermside QLD 4032
  • Phone: 3465 9332
  • Email: george.finn@bartonfamilylaw.com.au
  • Website: Chermside Family Lawyers

Aspley Office

  • Address: Aspley Hypermarket, 59 Albany Creek Road, Aspley QLD 4034
  • Phone: 3465 9332
  • Email: tenayah.miano@bartonfamilylaw.com.au
  • Website: Aspley Family Lawyers

Toowong Office

  • Address: Toowong Tower Level 5, Toowong Tower, 9 Sherwood Road, Toowong, QLD 4066
  • Phone: 3465 9332
  • Email: tenayah.miano@bartonfamilylaw.com.au
  • Website: Toowong Family Lawyers

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