Property Settlement Lawyers Brisbane
We are experts
Due to the technical skills of our lawyers, we are experts at property settlement in Brisbane. We are passionate about our attention to detail and through preparation.
We are specialised
Our experienced family lawyers give you specific, specialised, and realistic advice about your best possible outcome and the tactical way in which to achieve it.
We are trusted
We believe in being transparent early on about your rights and entitlements. We guide you towards commercial decisions if they are on the table, but also understand that sometimes litigation is the only way to fairly protect you.
Experience the benefits of personalised legal representation with Hartley Family Law
Hartley Family Law has experience in property settlement and has acted for clients both in Australia (involved in international litigation) and also overseas clients (involved in complex property and child related matters.
Dividing up wealth is always going to hurt financially, but at Hartley Family Law, we are expert Brisbane property settlement lawyers and with our technical skills together with our passion and attention to detail, we are able to achieve the best possible result for our clients in financial settlements according to their particular circumstances.
Whether it be drafting Consent Orders and settlement documents to protect your interests or representing you at a property settlement Trial, we have the right property settlement lawyer with the expertise to protect your interests.
In any property settlement in Brisbane, it is important that you be given clear, realistic advice about where you stand as early as possible. As the client, you are entitled to know this and you are entitled to know what options you have for achieving property settlement matters.
We do family law differently, and we aim to put you in a position of full knowledge early on in your matter and provide you with specific tailored advices to help you achieve your best possible outcome.
To talk to one of our experts in property settlement, please click here
Our Property Settlement Process
1. Book Your Consultation
The consultation allows us to meet your property settlement lawyer and gain an understanding of your circumstances in order to provide options and possible next steps.
2. Tailor a plan
We don’t provide a cookie cutter solution. Each plan starts with the end result in mind and is created specifically for your unique requirements.
3. Resolve your case
Our goal is to get the ideal outcome without going to court and in the shortest possible time with least possible cost. As we only do Family law, we are the best at what we do.
A Property Settlement Agreement
Separating from a partner, whether in a marriage or de facto relationship, can be an emotionally charged experience. One of the biggest decisions you’ll face, alongside potential child custody arrangements, is how to fairly divide your shared asset pool and debts. This is where a property settlement agreement comes in—a roadmap outlining how you and your former partner will handle the financial aspects of your separation.
Our experienced property settlement lawyers will spell things out clearly. The binding financial agreement typically details the division of all your marital assets and liabilities, including:
- Real estate: This could be your primary residence, investment properties, or vacation homes.
- Vehicles: Cars, motorcycles, boats, and any other motorised assets.
- Financial accounts: Savings accounts, checking accounts, retirement funds, and investment portfolios.
- Debts: Mortgages, car loans, credit card debt, and other outstanding financial obligations.
- Personal belongings: While the agreement may not list every item, it can outline a process for dividing valuable possessions or sentimental items.
A property settlement agreement is highly recommended to help avoid further disputes and provide key benefits, including:
- Clarity and Fairness: It provides a clear and documented record of how assets and debts are divided, promoting fairness and transparency.
- Reduced Conflict: By addressing binding financial agreements upfront, you can potentially avoid future conflicts and legal battles.
- Peace of Mind: Knowing your financial future is settled can bring a sense of peace of mind during an already stressful time.
FAQs
How do you win a property settlement?
It’s important to understand that there’s no guaranteed “win” in a property settlement. The goal for property settlement lawyers in Brisbane is to reach a fair and equitable agreement on dividing all the assets and debts acquired with your former partner from a marriage or de facto relationship.
As a specialist family law firm, there are definite strategies we take to ensure the best outcome for you, and these include:
- Gathering plenty of documents that accurately value assets.
- Providing you with experienced property settlement lawyers in Brisbane.
- Openly communicate with you about strategies and financial agreements.
- Share realistic expectations with all parties involved.
What is a 70/30 divorce settlement in Australia?
In Australia, a 70/30 divorce settlement refers to a division of the couple’s property pool where one party receives 70% of the total assets and liabilities, and the other receives 30%. However, a 70/30 split is not the norm and is uncommon in most divorce settlements.
Here’s why the 70/30 split is unlikely and a 50/50 split is more common:
- Focus on Fairness: The Family Law Act and courts in Australia prioritise a just and equitable distribution of assets, considering both financial and non-financial contributions of each party during the relationship. This means the split will reflect the specific circumstances of your situation, not a predetermined percentage.
- Factors Considered: The court examines various factors beyond just income or ownership of assets, including:
- The length of your marriage
- The financial contributions of each partner (wages, inheritances, etc.)
- The needs of any dependent children
- The value of all marital assets and debts
- Non-monetary contributions like homemaking or childcare
- Future Needs: The court also considers the future needs of both parties, including earning capacity and ability to support themselves financially moving forward.
How do you calculate a property settlement?
Calculating a property settlement isn’t a simple process you can do with a one-size-fits-all formula. The process includes a multi-step approach, here’s a breakdown of the key steps:
- Gather Information:
- Financial Statements
- Asset Valuation
- Debt Inventory
- Calculate the Net Asset Pool:
Once you have a clear picture of your assets and debts, it’s time for some math. Here’s the formula:Net Asset Pool = Total Assets (value) – Total Debts (amount owed)
This represents the total value of your marital estate available for division. - Consider Relevant Factors:
The courts (or mediators) will consider several factors beyond just the net asset pool when determining a fair settlement. These include:- Length of Marriage
- Financial Contributions
- Needs of Dependents
- Non-Monetary Contributions
- Inheritances or Gifts
- Negotiation or Mediation:
In most cases, couples aim to reach an agreement outside of court through negotiation or mediation. - Court Determination:
If an agreement can’t be reached, the court will make a final decision on property settlements based on the factors mentioned above and the evidence presented.
What is the typical asset split in a divorce?
There’s no single “typical” asset split in a divorce settlement across Australia, although a 50/50 is most common. The Family Law Act prioritises a just and equitable division of assets and liabilities, meaning the outcome is unique to each couple’s circumstances.
Meet Our Specialist Team
