Property Division
Specialising in all aspects of property settlement and division law
RESULTS-DRIVEN
Property Division Lawyers
A just and equitable division of property is essential in rebuilding your life.
There are a number of factors that need to be taken into account after a relationship breakdown in determining a fair asset division between you and your former spouse or partner. Divorce or the finalisation of a de facto relationship generally brings the need for the division of property in a manner that enables both you and your former spouse or partner to move on without the need for ongoing involvement. This means that a singular property settlement is the preferred outcome within the Australian family law system.
How long you have
The time you have to finalise your financial affairs is different for married and de facto relationships.
Unless exceptional circumstances apply, property divisions must be finalised within 12 months of divorce for married couples or within 2 years of final separation for de facto couples.
Going to court
If you cannot come to an agreement with your former spouse or partner, a court can decide how your property should be divided.
You are generally required to attend alternate dispute resolution and attempt to reach agreement before asking a court to decide.
Debts and bankruptcy
Different rules and considerations apply if either you or your former spouse or partner is a bankrupt or where a creditor may have an interest in your assets.
You should discuss this with us if you have concerns about how this may affect your property division.
The factors considered
Numerous factors are taken into consideration by a court when determining a just and equitable property division, these include:
- The length of the relationship;
- The age and health of the parties;
- The financial contributions by the parties to the relationship and to growing the total value of the assets;
- The non-financial contributions by the parties to growing the total value of their assets;
- The contributions made by the parties to the caring for and well-being of the family; and
- Any legally binding maintenance agreement for either party.
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Next steps
Division of property after your relationship breakdown is one of the most important processes you will go through in your life. The legally binding finalisation of both the assets and liabilities from your relationship can provide you with a clear road ahead and a future of freedom and opportunity.
Likewise, ignoring this process could leave you with years, perhaps decades, of burden. Irrespective of your current relationship with your former spouse or partner, we urge you to not take this process lightly. How you feel today is likely to be very different to how you will feel in five or ten years’ time.
Chan K
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★★★★★ 5/5
Sambanis Family Law was comforting through all the turmoil and worry! I can say now that they care and helped me regather through the times of hardship. I recommend this practice to families who want their children to be happy.
Meagan G
Professionalism, Quality
★★★★★ 5/5
They were amazing one step ahead of the situation at every turn. Kind, patient and understood exactly what I was asking for and why. Will be using them again in the future! Couldn’t have asked for more.
Eileen M
Professionalism, Responsiveness
★★★★★ 5/5
Their representation in my family law matter meant a swift resolution and took the stress out of the experience. I felt completely supported throughout the process.
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Trust is the cornerstone of our law practice. Excellence is our creed. Achieving the best outcome for our clients is what drives us to be the best family lawyers in Brisbane, and the best family law firm in Australia.