Property Settlement Lawyers Brisbane
PREVIOUSLY KNOWN AS
Property Settlement Lawyers Brisbane
Family law property division is a difficult time for any separating parties. The division of assets, liabilities, and property can become complex, particularly when emotions are high, and significant assets are at risk. Ensuring a fair and equitable settlement can often be a significant step towards moving forward and rebuilding your life.
At Vocare, we strive to deliver compassionate, personalised legal support, ensuring our clients feel heard, understood, and confident throughout the process. Our team of experienced property settlement lawyers in Brisbane is dedicated to achieving a fair and equitable outcome for you, combining legal expertise with a deep sense of integrity and professionalism.
What is Property Settlement?
A property settlement is a crucial aspect of the separation process, involving the division of assets and liabilities between separating parties. This process ensures that all financial ties are appropriately separated, allowing both parties to move forward independently. Obtaining a formal property settlement is essential in providing a clear and equitable distribution of your shared financial resources when you are going through a separation or divorce.
In Australian family law, all assets owned by the parties will be included in the “pool” to be divided between the parties. This includes superannuation, real estate, bank accounts, investments, vehicles, and personal belongings. It also addresses liabilities such as mortgages, loans, and other debts. The goal is to reach a fair and just property settlement agreement that reflects each party’s contributions and future needs.
Relevant Law
In Brisbane and across Australia, property settlement is governed by the Family Law Act 1975. This legislation sets out the principles and provisions that guide the division of assets and liabilities between separating parties. Key principles include the recognition of both financial and non-financial contributions, the consideration of future needs, and the overarching aim of achieving a just and equitable settlement.
Family Law matters are heard by the Federal Circuit and Family Court of Australia (“the FCFCOA”). The FCFCOA has a number of helpful resources relating to Property Settlement matters on its website.
Secure Your Future with Vocare
Navigating the complexities of property settlement can be challenging, but with Vocare by your side, you’re not alone. Our experienced team in Brisbane is committed to providing compassionate, personalised legal support to ensure a fair and just resolution. From the initial consultation to post-settlement advice, we are here to guide you every step of the way.
Take the first step towards securing your financial future. Contact Vocare today to schedule your consultation and discover how we can help you achieve the best possible outcome for your property settlement.
The Property Settlement Process
Your journey towards a fair property settlement begins with an initial consultation with a Vocare Law family lawyer. During this first meeting, we aim to understand your unique circumstances, providing you with clear guidance and support. It is essential to provide full financial disclosure to ensure all assets and liabilities are accurately assessed. This transparency helps build a solid foundation for a fair settlement.
The next step involves identifying and valuing the total property pool and debts. Our team will guide you through the process of cataloguing both joint and individual assets. Accurately assessing assets and liabilities is crucial for a fair and equitable settlement.
We then consider the contributions each party has made to the marriage and each party’s potential future needs. This includes looking at financial contributions (e.g. income throughout the relationship and property brought into the relationship) and non-financial contributions (e.g. homemaking, managing rental properties, and parenting contributions), as well as assessing each party’s potential future needs.
At Vocare, we prioritise facilitating amicable settlements through negotiation and mediation. Our approach aims to resolve disputes out of court, saving you time, stress, and legal costs. We believe in the benefits of reaching mutually agreeable solutions that respect the interests of the parties involved.
The most important step in a family law property settlement is formalising any agreement reached. If you do not formalise your agreement, both parties are at risk of having their agreement ignored or set aside by the other party. Additionally, formal agreements can assist the parties to reduce stamp duty and other taxation costs.
An agreement can be formalised by way of either an Application for Consent Orders or a Financial Agreement. To learn which option is best for you, we recommend speaking to one of our experienced Family Lawyers.
In cases where court intervention is necessary, Vocare’s experienced lawyers have the knowledge and experience to represent you skillfully and effectively. We have extensive experience in handling property settlement disputes in court, ensuring your rights and interests are effectively defended. When litigation is unavoidable, we are committed to achieving the best possible outcome for you.
Complex Property Matters
At Vocare, we understand that property settlements can involve more than just dividing the family home and bank accounts. Complex property matters often include business assets, family trusts, self-managed superannuation funds, and other intricate financial structures. Our experienced team of lawyers is adept at handling complexities to ensure a fair and equitable settlement. We work closely with financial experts to accurately value these assets and liabilities, providing you with comprehensive and reliable advice.
Why Timeliness Matters
In Australian family law, adhering to statutory deadlines for property settlement applications is crucial. For married couples, property settlement must be finalised, or a court application must be made, within 12 months of the date of divorce. For de facto relationships, parties must finalise their matter or apply to the Court within two years of the date of separation.=
Failing to do so in these timeframes may result in assets being excluded from the settlement pool, complications in financial arrangements, and increased legal costs. Timely action ensures a smoother process and a fair resolution, protecting your financial future.
Meet Our Property Settlement Lawyers in Brisbane
Practice Leader – Family Law
Barry Klopper is the Practice Leader for our Family Law team. With extensive experience in family law, Barry excels in advocating for both applicants and respondents in domestic violence applications, having successfully run a Domestic Violence appeal in the Queensland District Court.
He is adept at litigating complex parenting and property matters, including cases involving self-managed superfunds and businesses in the Federal Circuit Court. Barry’s comprehensive legal expertise is complemented by his practical business experience, allowing him to offer innovative, cost-effective solutions to his clients’ legal challenges.
Family Law Lawyer
Tabitha Gulley is a dedicated Family Law lawyer with over 6 years of experience. Holding a Bachelor of Laws (Honours) and a Bachelor of Arts from the University of Queensland, Tabitha provides compassionate and practical support to clients navigating separation, divorce, and domestic violence.
Her notable achievements include successfully assisting clients in complex parenting and property matters, negotiating parenting plans, and securing and defending protection orders. As an accredited Mental Health First Aider, Tabitha is committed to offering caring and effective legal counsel during challenging times.
Lawyer
Rebekah Benjamin is a skilled lawyer on Vocare’s commercial team, bringing a breadth of experience to her practice. Since joining Vocare in 2018, Rebekah has developed a robust legal background, having worked on diverse commercial law matters, including property law, intellectual property, and NDIS-related legal issues.
Her previous internships at a San Francisco law firm and a top-tier Australian firm have sharpened her ability to deliver comprehensive legal solutions. Whether assisting with complex estate litigation or guiding not-for-profit entities through mergers and acquisitions, Rebekah is committed to achieving the best possible outcomes for her clients.
Why Choose Vocare for Property Settlement?
At Vocare, we combine strong legal expertise with a compassionate, client-centric approach. Our team of experienced family lawyers works tirelessly to ensure the best possible outcomes for our clients. Our success stories and testimonials reflect our dedication and the positive impact we’ve had on countless lives.
Integrated Legal Services
Vocare offers a unique advantage through the seamless collaboration between our family law and commercial law teams. This integrated approach allows us to address all aspects of property settlement comprehensively, from straightforward asset pool division to complex financial structures involving businesses, trusts, and superannuation.
Client-Centric Approach
Our commitment to providing compassionate, personalised service sets us apart. We understand the emotional and financial stress that comes with property settlement and strive to minimise it through clear communication, strategic planning, and empathetic support. At Vocare, we prioritise your needs and work diligently to achieve outcomes that secure your financial future and peace of mind.
Advice You Can Trust
We offer customised professional legal services tailored to meet our clients’ needs. Our values are service, care and excellence. Our people are our strength. We nurture them by creating a healthy team environment which encourages them to make positive contributions in delivering our legal services. Our communities are missions focused. We exercise our generosity by making contributions at a local, national and international level.
