At BGM Family Lawyers, we help clients achieve fair property settlement agreements, whether that’s through agreement or representation in court. For nearly a decade, we’ve guided Queenslanders through property division with proven approaches that save time, money and stress.
With a 90% success rate in reaching agreements outside of court, we use mediation, arbitration and collaborative methods to deliver outcomes that are just, practical and enforceable. We are equally experienced in advocating for clients in the courtroom when litigation is necessary.
As a small firm delivering big results, we stand beside our clients during some of life’s toughest moments, helping protect their financial future with trusted advice and award-winning expertise..
Free 15-minute consultationOur lawyers follow the four-step property settlement process established by the Family Law Courts, a framework outlined in legislation to guide judges in achieving a just and equitable division.
Our team works to determine the property pool. This involves careful assessment of assets, liabilities, and financial resources, ensuring everything is on the table before the division begins.
We start by determining each party’s contributions to acquiring, conserving and improving the property pool. This encompasses financial contributions, such as income, as well as non-financial contributions like labour in a family business, and in the role of home care and child upbringing. The impact of any historical family violence on the ability to make contributions (or contribute) is also considered here.
A percentage split is then allocated to reflect the parties’ contributions. Our goal is to ensure fairness and transparency throughout this step.
We then take into account the current and future considerations listed above (affecting each party’s present and future position – health, age, income earning capacity, ongoing child-care responsibility) to adjust the split, ensuring it reflects your unique circumstances.
Finally, we undertake further adjustments if necessary (for example, the costs, tax and revenue consequences of selling or transferring items of property between spouses), to ensure the outcome aligns with the principles of a ‘just and equitable’ settlement under the Family Law Act.
Other steps
In some cases, there are other steps to consider. These might arise from factors unique to your case. If they are relevant, we will be sure to cover them as well.
Free 15-minute consultationWhen working through your property settlement, our experienced family lawyers pay close attention to specific factors. These considerations help determine how property might be adjusted:
In family law property settlement, one size doesn’t fit all. There are situations that require a special focus on one or more of the four steps above.
For instance, for shorter relationships, the focus may be more on the financial and non-financial contributions, as future circumstances are less likely to play a significant role.
Alternatively, in the case of smaller or extremely large property pools, we may need to approach the impact of the factors at step 3 differently to ensure a just outcome.
With each unique case, rest assured, our team of experienced property settlement lawyers is adept at navigating through the complexities of the Family Courts, tailoring our approach to best suit your circumstances. We’re with you, every step of the way.
Most family law property settlements can be resolved without ever going to court. Alternative dispute resolution (ADR) methods such as negotiation, mediation and arbitration give families a way to reach fair financial outcomes without the stress, cost and delay of litigation.
Here are a few ADR methods that are commonly used in Australia:
Many matters can be resolved through early negotiation – whether directly between spouses, or led by legal representatives. With the right legal guidance, parties can identify areas of disagreement and work toward mutually acceptable solutions. Successful negotiations often lead to settlement documents (such as a Consent Order or Financial Agreement) being drafted, allowing both parties to move forward as quickly and successfully as possible.
Mediation is one of the most widely used and effective ADR methods in Queensland. It involves an independent mediator who helps both parties explore solutions and reach common ground. Mediation is a structured process that encourages compromise while maintaining respect and fairness. Most matters can be finalised within a few months, saving both time and money compared to litigation.
If negotiation and mediation don’t lead to an agreement, arbitration offers another way to avoid the courts. This method involves both parties agreeing to appoint an independent arbitrator to make a determination to resolve their dispute. The process is quicker, more flexible, and less stressful than court proceedings.
At BGM Family Lawyers, we guide clients toward resolving their property settlement in the simplest, most constructive way possible. Through negotiation, mediation or arbitration, we aim to achieve fair results without the frustration of court delays.
Learn more about alternative dispute resolutionsWe achieve a 90% settlement rate without going to court, using mediation, arbitration and collaborative techniques that reduce costs and stress.
Our approach is built around achieving just and equitable results under the Family Law Act, while respecting the needs of both parties.
From small assets to high-value estates, we know how to structure settlements that reflect your contributions and circumstances.
We help you navigate property settlements step by step, breaking down the legislation into plain language so you understand how your outcome is reached.
As a boutique practice, we deliver personal service with the experience and results found in larger firms.
We look beyond the immediate division of assets, helping you secure arrangements that support your long-term stability and peace of mind.
Free 15-minute consultationWhat is property settlement?
Property settlement is the legal process of dividing financial assets and liabilities after a separation or divorce. It covers the full property pool, including real estate, superannuation, savings, investments, businesses and debts, to reach a fair division between the parties.
A property settlement can be finalised through a legally binding agreement, such as Court Orders or a Binding Financial Agreement, making the outcome enforceable. Because every family law matter is different, seeking legal advice is important to understand your entitlements.
What type of assets and liabilities are considered in a property settlement?
A property settlement considers a broad range of assets beyond just real estate and cash in the bank. These can include superannuation, shares, jewellery, artwork, investment properties, businesses, and much more.
What if we can't reach an agreement for the property settlement ourselves?
If a direct agreement can't be reached between the separated couple, the court steps in to decide how the relationship property should be divided and to address the question of spousal maintenance (if relevant).
Are there any tax implications related to property transfers post-separation?
In some cases, there can be tax and/or stamp duty exemptions when property is transferred between separated spouses. These exemptions can be applied if the transfers are enacted according to Court Orders or a Binding Financial Agreement, potentially leading to substantial savings. We're able to better provide insight into this via a consultation.
If you've been together for 4 years, do you automatically get half of your former partner's wealth?
No. Property settlements are not based on relationship length alone. The Family Law Courts consider contributions made during the relationship and each party’s circumstances at separation. Every case is different, so outcomes are decided based on what is just and equitable. Our role is to guide you through this process and make sure your circumstances are properly considered.
If we have a complex situation, can you tailor your services to fit our needs?
Absolutely. Our team of experienced property settlement lawyers is adept at navigating the complexities of each unique case, and we tailor our approach to best suit your specific circumstances.
Is there a time limit to apply for property settlement orders?
Yes. If you were married, you must apply for property adjustment orders within 12 months of your divorce being finalised. If you were in a de facto relationship, you must apply within 2 years of the date of separation.
If you’re approaching this timeframe, be sure to seek legal advice as soon as possible so your rights aren’t lost.
Our team is here to explain your options and help you move forward with clarity. Book a free 15-minute consultation to talk through your situation.
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