Loading...

Brisbane Family Lawyers

Considering a separation or divorce?
Our expertise is your gain.

We are Family Law Solicitors in Brisbane, specialising in all aspects of Family
Law and are one of the largest Specialist Family Law firms in Queensland,
having been established for over 20 years and having over 100 years’ combined
professional experience.

We are dedicated to achieving the best outcome for your unique situation!
We protect your rights, offer focused advice and ensure full confidentiality!

Property Settlement

Going through a separation or divorce usually
involves a property settlement.

The Family Law Act sets out how property is divided when a marriage or de
facto relationship has broken down.

The process is complicated, but essentially involves the identification and
valuation of the relationship property (which is broadly defined) and then a
determination of the appropriate “percentage division” between the couple.

A photo of a calculator

How Much Will I Get in a
Property Settlement?

Not surprisingly, one of the most common questions we get is what will someone’s entitlement in a property settlement be. The answer is: it will differ for everyone – but here is what you should consider…

Download this article

Documenting a Property
Settlement Agreement

Under the Family Law Act, a property settlement agreement can be formalised in two ways: by an Application for Consent Order or by way of a Binding Financial Agreement.

Download this article

Considering Inheritances in Property Settlement?

The Family Law Act provides a very broad scope for what can be included in a property settlement. But what happens if an asset is acquired by one spouse after separation – is that included?

What our clients say about working with us…

I was very impressed with the first initial interview. Everything was well explained
and the advice was honest about what I should expect.

CM, Morningside

Michael is a good listener. My documentation maintained the
high moral ground

SS, Hamilton

I really liked the personable service by Michael, the simple plain language
he adopts and his patience.

AO, North Brisbane

I really appreciated the happiness of your secretarial staff.

GC, Clayfiled

Request a Call Back

    Brisbane Family Lawyers

    Considering a separation or divorce?
    Our expertise is your gain.

    We are Family Law Solicitors in Brisbane, specialising in all aspects of Family
    Law and are one of the largest Specialist Family Law firms in Queensland,
    having been established for over 20 years and having over 100 years’ combined
    professional experience.

    We are dedicated to achieving the best outcome for your unique situation!
    We protect your rights, offer focused advice and ensure full confidentiality!

    Download your Free Family Law Guide

    Frequently Asked Questions

    A. Yes, when identifying all relevant property to be considered in a property settlement it is irrelevant whether the property is owned in joint names or owned by one party only. There may also be relevant property owned by trusts, companies, partnerships or other corporate entities.
    If the property is held jointly in your and your spouse’s name then both of you need to agree to its sale or how else to deal with the property. The Court does, however, have the power to order that property be sold if it determines a sale is necessary.
    If your spouse is named on the mortgage of a property, then they continue to be liable to pay the mortgage despite no longer living in the property until their name is removed from the mortgage. This may be part of the property settlement agreed on between you.

    Most separated spouses reach agreement about the continued payment of these expenses until final agreement on severing their financial relationship can be reached.

    If your spouse refuses to contribute to these expenses please seek family law advice as soon as possible.

    Yes. In assessing the contributions each party has made to the acquisition, conservation and improvement of the pool of property, the financial, non-financial and family welfare contributions, such as homemaker and parent contributions, made by each party are considered, as are the timing and significance of those contributions.

    Each contribution will not be considered in isolation and must be weighed and considered overall to reach an outcome or agreement.

    The relevant pool of property is the property that the parties hold jointly, individually or with another person, or that is held by a trust, company, partnership etc. at the time of the parties reaching agreement or when the Court decides the matter.

    So if your spouse acquires property after separation, that property may be included in the pool of property for consideration, however, the contribution of that post-separation property may be viewed as a contribution solely by them, and an adjustment may be made in their favour in the overall property settlement between you.

    Property settlement outcomes can be
    unpredictable and it is important to seek
    professional legal advice in advance.

    We offer initial consultations at a fixed-price!

    Get In Touch

      © Michael Lynch Family Lawyers – Brisbane | Copyright | Disclaimer | Terms of Use | Privacy | Google+ | Sitemap | Liability limited by a scheme approved under professional standards legislation. Michael Lynch Family Lawyers are proud members of the Queensland Law Society and the Law Council of Australia.

      Client Testimonials

      I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
      C.W., Brookfield

      You, guys, provide extraordinary service.

      A.O., North Brisbane
      A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
      S.S., Hamilton
      Your newsletters are great, I appreciate them.
      K.B., Carina

      I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

      C.M., Morningside
      I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
      J.H., Windaroo
      I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
      B.W., Chapel Hill

      I was always confident that I was getting the very best advice.

      T.S., Flinders

      Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

      S.D., Parkinson
      Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
      R.P., Cleveland
      Lovely to deal with and provides a balanced view in what are very difficult circumstances.
      A.C., Morningside
      Michael is very personable and very good at covering the material and explaining the strategy.
      J.O., Hawthorne

      Your staff is knowledgeable, professional and very calm.

      A.C., Helensvale
      Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
      J.S., Holland Park
      Many thanks for your assistance – life is now great – I’m moving on.
      J.K., Mansfield

      I would like to thank your firm for the support and compassion shown while dealing with my matter.

      C.M., Brisbane
      My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
      D.S., Coorparoo
      The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
      E.F., Nundah

      Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

      L.K., North Lakes
      I liked my solicitor keeping things as simple as possible.
      S.M., Clayfield

      At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

      L.R., Ascot
      Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
      T.V., Everton Park

      Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

      B.T., Clayfield
      If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
      C.W., Brookfield
      Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
      K.H., Augustine Heights

      I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

      B.S., Brisbane

      I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

      S.S., Hamilton
      Your team’s communication with me was exceptional, I knew exactly what was happening.
      A.A., Eatons Hill

      My solicitor is a good listener. My documentation maintained the high moral ground.

      S.S., Hamilton
      My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
      G.C., Southport
      Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
      M.R., West End
      Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
      P.B., Carindale
      The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
      A.A., Eatons Hill
      I really appreciated the happiness of your secretarial staff.
      G.C., Clayfield
      I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
      L.R., Samford
      Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
      S.C., Nundah

      Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

      A.M., Chambers Flat
      I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
      T.C., Tarragindi
      Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
      J.S., Brisbane
      My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
      M.J., Manly

      My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

      J.H., Brisbane

      After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

      K.M., Paddington
      Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
      M.T., Stafford
      I like your friendly service and the ability to speak to my solicitor directly.
      R.G., Wishart
      I appreciate my lawyer’s professional approach and her being on top of my situation.
      N.S., Mt Gravatt

      I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

      J.H., Wellington Point

      Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

      D.T., Ferny Grove
      So pleased to have had a good, sound and knowledgeable firm.
      C.W., Brookfield

      Michael Lynch Family Lawyers know what they are talking about.

      R.M., Warwick

      Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

      R.B., Toowong
      May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
      D.H., Hendra
      Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
      R.P., Cleveland

      Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

      A.A., Perth

      My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

      R.R., Brighton
      Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
      S.L., Moranbah

      We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

      N.B., Brisbane
      Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
      C.T., Bribie Island
      Your team is professional, warm, friendly and real.
      N.R., Crows Nest

      I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

      A.O., Kedron