Our dedicated family lawyer Melita Lloyd and Law Clerk Kristen Mitchell-Scott can assist you with multiple aspects of family law matters, including:
- Divorce and separation advice
- Binding financial agreements
- Consent orders
- Prenuptial agreements
- Dispute resolution and mediation
- Matrimonial and de facto property settlements
- Spouse maintenance
- Parenting plans
We offer practical and straightforward advice in a nurturing and professional manner. We are also a preferred supplier for family law matters for Legal Aid Queensland.
Do I have to be divorced to split the property?
Whether you were married or in a defacto relationship, as soon as you have separated you can make arrangements to split your property and debts between you and your ex-partner. If you are married, you do not have to wait until you are divorced.
Do we have to go to Court?
No, not at all. If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements, and then get underway the legal processes which will split the assets.
What if we can’t agree?
There is an established process in cases where there is disagreement over how property should be split. Firstly the court needs to be satisfied that you have attempted to reach an agreement, and to this end, you will be ordered to participate in dispute resolution.
If this doesn’t resolve the matter then an application for property orders must be filed with the Family Court or Federal Circuit Court. This application must be made within 12 months of your divorce becoming final or within 24 months of separation if a defacto relationship.
How does the court decide?
Firstly the court will calculate the total assets owned by both parties, including property, shares, cars, jewellery, savings, furniture, superannuation etc. This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.
Next, the court will weigh up the contributions from both parties, including financial, non-financial, inheritances and assets brought into the relationship.
Then the court will look at the future needs of both parties, including factors such as your capacity to earn money and your parental responsibilities.
Lastly, the court will make a decision based on what is just and equitable to both parties.
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 strongly encourage early resolution of matrimonial and defacto disputes where possible. Please contact our office to discuss your options.