Property settlement process in Queensland

Key insights

 

In Queensland, the division of property following the breakdown of a marriage or de-facto relationships is called a ‘property settlement’.

All states in Australia, except Western Australia, are guided by the Family Law Act 1975 (Cth) in dividing assets between the parties. This means that there is no distinct difference between Queensland’s family law and processes from those of the other states and territories (except for geographic location). 

In most property settlements, a four-step test is applied to determine entitlements.

 

Steps in the property settlement process in QLD

 

Step 1. Identifying and valuing assets and liabilities of the parties

The first step of the property settlement process in Queensland is to put together a ‘pool’ of assets to be divided. This is normally done by disclosure and valuations. 

Disclosure is the process of exchanging all documents in your possession relevant to your financial position to the other party. This can include documents you hold in paper or online form. 

The standard disclosure period ranges from 12 months prior to your separation to the present date. But disclosure includes any documents beyond this period if relevant to your matter. The reason for this range is to cover any assets that have come into existence leading up to your separation, including separate bank accounts and credit cards that you might not know about. This process also accounts for any accounts that might have been closed. 

The documents that are normally exchanged include:

  1. bank statements for all accounts (held in your sole name, joint name or in the joint name with another person);
  2. credit or liability accounts, including HELP/HECS loans;
  3. superannuation statements for the past three financial years;
  4. tax returns for the past three years;
  5. payslips and current contract of employment;
  6. details of any investments, shares, cryptocurrencies and/or stocks;
  7. details of any assets owned by the parties, including any real estate, vehicles, chattels, jewellery, artwork, gold, silver, etc.;
  8. documents relating to any businesses or trusts which you are the director, trustee or beneficiary of; and
  9. any other asset, liability or financial resource that you have knowledge of.

These documents serve as a starting point for which assets should be included in your ‘asset pool’. 

It is largely irrelevant if the assets are in your joint names or sole names; they all need to be disclosed and considered. 

Any asset owned by the parties for which there is no immediate value to attribute, for example, values for cars and houses, the parties will need to reach an agreement as to their value. This can often be done by finding appraisals online and agreeing on a middle point. The safest way to determine a value is to obtain a formal valuation. This makes sure that the asset is not over-represented or under-represented in your asset pool. 

This step often takes the longest to do, because there are often disagreements as to values and full disclosure being provided. 

 

Step 2. Considering contributions

The next step is to consider what each person brought to the relationship. Contributions are seen as ‘financial’ or ‘non-financial’. 

Financial contributions include any money used to acquire, preserve or improve the asset pool. For instance, payments to mortgages, rent or house improvements will be considered here. 

Non-financial contributions include any work performed by the parties to maintain the asset pool or towards the welfare of the family, including as a homemaker and parent. 

Under the law, financial and non-financial contributions are given equal weight. This means that just because one person brought in more money than the other, it does not mean they are entitled to retain more. 

This step is often where there is the most disagreement between the parties, as each person has their own recollection about who did what during their relationship. 

 

Step 3. Future circumstances

Thirdly, there needs to be consideration of anything relevant to the parties that effects how that person will leave the relationship. This includes factors such as income disparity, age, and caregiving responsibilities for any children or dependents. 

If, for example, one person has a greater income than the other party, or one person is caring for children from the relationship more than the other, then it may be appropriate to compensate that person by adjusting the overall property pool in their favour to ensure they are more easily able to support themselves after separation. 

 

Step 4. Just and equitable

Lastly, the court must ensure that the final property settlement is ‘fair’. 

This is a court-imposed layer of protection to ensure that the agreement reached between the parties is not unfair to one party. For example, if the parties agreed that one person would retain 100% of the asset pool, the court could refuse to enforce the agreement as it may not be just and equitable. 

 

Timeline for property settlements

It is important to keep in mind that there is a limitation date for seeking a property settlement. The limitation is 2 years from the date of separation for de facto relationships, or 1 year from the date of a divorce order being in effect. If you are still married, but separated, there is no limitation on when a person can seek a property settlement. 

While you can obtain a property settlement as soon as you are separated, the ‘normal’ timelines are:

  1. Negotiation and putting together your pool of assets – 1 to 6 months.
  2. Mediation – 1 to 2 months (if private mediation) or 2 to 6 months (if proceeding through a service like Relationships Australia, Family Relationships Online or others). 
  3. Court application – the matter will proceed according to the Central Practice Direction, and timelines will depend on the court’s availability, which is loosely as follows:
    1. After filing an application, your matter will receive a first return date – 1 to 2 months;
    2. Further Mention or Directions Hearings (if required) – 1 to 2 months;
    3. Interim Defended Hearing (if required) – 2 to 4 months; 
    4. Dispute Resolution Conference or Conciliation Conference (if required) – 1 to 4 months;
    5. Compliance and Readiness Hearing (if required) – 6 to 8 months; and
    6. Final Hearing – 12 to 18 months. 

For more information regarding time limits in property settlement, check out A guide to time limits in family law by Adrian Curtis, Principal Lawyer and Practice Leader at Australian Family Lawyers, Canberra.

 

Need guidance from a family lawyer?

Property settlements can feel complex, particularly where there are businesses, trusts, superannuation interests, significant asset pools, or disagreements about contributions.

The team at Australian Family Lawyers provide strategic, evidence-based advice tailored to your circumstances. Whether you are negotiating privately, preparing for mediation, or facing court proceedings, clear legal guidance can help you protect your position and move forward with certainty.

If you would like advice about your property settlement or broader family law matter, contact Australian Family Lawyers to discuss your options and next steps.

 

Property settlement FAQs

Is there any difference between the property settlement process in Queensland compared to other states?

Generally, the property settlement process in Queensland and the other states and territories, except Western Australia, is the same. This is because they are guided by the same rules and legislation. 

There may be some differences in state laws depending on your location for certain aspects. For instance, if you are filing a caveat in Queensland for an equitable interest in property, it only lasts for 3 months unless you have the consent of the legal owner or file an application in court. However, if you were to file a caveat in New South Wales, it would only last 21 days before lapsing.  

Western Australia is the only state or territory with its own state legislation on family law matters, the Family Law Act 1997 (WA).

I have just separated. What do I do? 

After separation, it is important to obtain advice from a family lawyer as early as possible. Early legal guidance helps you understand your rights, obligations and any applicable time limits, while ensuring you avoid steps that could negatively impact your position.

You should also begin gathering your financial documents (including bank statements, superannuation balances, tax returns, payslips and loan statements) to identify the asset pool and prepare for the disclosure process.

Do I need to formalise my property settlement?

There are two ways to legally prepare your property settlement. You can either prepare consent orders or a financial agreement. 

It is important that you formalise your property settlement at the end of your relationship. If you do not, the other party can file an application in the family court seeking a property settlement. 

Will I get 50%?

There is no starting point for a 50/50 split in family law property settlements. Your matter needs to proceed through the four-step property settlement process. 

If you and your former partner agree that you want to split your assets 50/50, then the court will still need to consider that your agreement is ‘just and equitable’. If your agreement is not, then the court can refuse to make the orders. 

How can I get a divorce?

Divorce is a separate process from a parenting dispute or property settlement. You can obtain a divorce order by filing a divorce application. There is a requirement that you are married (which you can prove by filing your marriage certificate) and that the marriage has broken down irretrievably (which can be proved by being separated for at least 12 months).

It is best to get divorced after you have obtained a property settlement. This is because of the time limitation of 12 months to resolve your property settlement after the divorce order comes into effect. 

What can I do if the other party is not complying with the property settlement or orders?

There are several steps you can take, including filing an enforcement application and a contravention application.

It is important to obtain advice from a family lawyer promptly so the appropriate strategy can be assessed based on your circumstances. The team at Australian Family Lawyers can guide you through your options and take the necessary steps to protect your position.

What is a de facto relationship?

There is no single definition of what a de facto relationship is. It can include a number of different definitions, including:

  1. duration of your relationship (often more than 2 years);
  2. whether there are children of your relationship;
  3. financial dependence on each other; 
  4. commitment to a shared life together; 
  5. living together; and
  6. the existence of a sexual relationship.

Check out our guide on Am I in a de facto relationship?

Can I get spousal maintenance?

Spousal maintenance can be paid to the other party where one party is reasonably able to do so and if the other party is unable to support themselves adequately. 

Can I get child support or alimony?

After separation, you are able to immediately file a child support assessment with Services Australia.

Another way to obtain child support is through a binding child support agreement.

These are separate from a property settlement.

Do I need a Will or Power of Attorney?

After separation, it is vital that you review your estate planning. Your current/previous Will may not reflect what you want to happen in the event of your death or incapacity. In such circumstances, your former partner could have control over your assets. 

A divorce order invalidates a Will.

It is also important to review the named beneficiary in your superannuation, as in many cases this will be your partner.

Do you have a question about family law or relationship law?

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