Property settlement is often one of the biggest concerns during separation or divorce. In Brisbane, family law property settlements are not about simply splitting everything 50/50—they’re about reaching a fair and equitable outcome based on each person’s circumstances.
This guide explains how property settlements work in Brisbane, what the courts consider, and how you can reach an agreement that protects your future.
What Is a Property Settlement?
A property settlement is the legal process of dividing assets, liabilities, and financial resources after a relationship breakdown. It applies to both married couples and de facto relationships, including same-sex couples.
Property includes:
- The family home
- Superannuation
- Cars and personal items
- Business interests
- Investments and shares
- Savings and debts
Settlements can be made by mutual agreement or, if needed, through the court.
How the Court Approaches Property Settlements
In Australia, there’s no automatic rule that assets are split down the middle. Instead, the court follows a four-step process to determine what’s fair.
Step 1: Identify and Value the Property Pool
This includes all assets and liabilities—regardless of whose name they are in. For example, one partner’s superannuation or a jointly-owned mortgage.
Step 2: Consider Contributions
The court looks at what each person contributed during the relationship. This can include:
- Financial contributions (e.g. income, savings)
- Non-financial contributions (e.g. renovations, home maintenance)
- Parenting and homemaking
Step 3: Assess Future Needs
The court considers factors like:
- Age and health
- Earning capacity
- Care of children
- Any financial disadvantage
Step 4: Ensure the Outcome Is Just and Equitable
The final division must be fair based on the specific circumstances of the relationship.
Do You Need to Go to Court?
Not necessarily. Many people are able to reach a property settlement without going to court by negotiating directly with each other, engaging in mediation with a neutral third party, or applying for consent orders to formalise their agreement legally.
Going to court is generally considered a last resort when the parties are unable to reach an agreement through other means.
When Should You Finalise a Property Settlement?
It’s best to settle property matters as soon as possible after separation, as strict time limits apply. Married couples must apply for a property settlement within 12 months of their divorce, while de facto couples have up to two years from the date of separation.
Delaying your settlement can make the process more complicated, particularly if new assets or debts have been acquired in the meantime.
How Simonidis Steel Lawyers Can Help
Whether you’re early in your separation or ready to finalise a settlement, Simonidis Steel Lawyers is here to help. We’ll guide you through your options and protect what matters most.
Our family law team provides:
- Clear advice tailored to your situation
- Skilled negotiation and dispute resolution
- Legal representation in court (if needed)
- Assistance with consent orders and binding agreements
Reach out today for a confidential discussion and take the first step towards a secure financial future.
