Our family law services

Property & Financial Matters

What we offer

Property & Financial Matters

When you separate, one of the most important things you need to do is sort out how to divide your property with your ex-partner.

If you have reached an agreement about the division of your assets, debts and superannuation with your ex-partner, you can formalise your agreement by consent orders. Have a look at our consent order page or contact us for more information about consent orders.

If you do not have agreement about the division of your property, we can help you by providing you with advice about your property settlement entitlements and assist you to reach an agreement with your ex-partner.

Family law is complex and getting advice from a family lawyer will help you to better understand your right to a property division and equip you with knowledge and strategy to obtain a good outcome in a property settlement. There is no mathematical formula to work out what percentage of a property settlement you are entitled to.  It is important that you engage a family lawyer to advise you as each case is different depending on the individual circumstances in that family.

The law on property settlements involves considering:

  • your assets and liabilities – this includes what you own, what your ex-partner owns and what you own jointly;
  • the direct financial contributions made by you and your ex-partner – such as property you each had when you started living together;
  • the indirect financial contributions made by you and your ex-partner – such as gifts and inheritances received from family members;
  • the non-financial contributions that you and ex-partner made to property, such as renovations to a home, management of investments, or running a business;
  • the contributions you or your former partner have made to the welfare of the family, such as caring for children and doing housework; and
  • your and your ex-partner’s future needs – a court will take into account things like age, health, financial resources, care of children and your ability to earn an income.

We can assist you with:

  • Property Disputes
  • Property Agreements and Settlements
  • Spousal Maintenance
  • Superannuation Splitting
  • Defence Force Superannuation
  • Binding Financial Agreements
  • Adult Child Maintenance

Frequently Asked Questions

We address the common concerns you might have as you navigate the realms of family law. Our aim is to provide clear, straightforward answers to help demystify the legal processes involved. Here are some of the most asked questions in family law in QLD, Australia.

  • Can I do a property settlement without a family lawyer?

    A property settlement following separation is one of the most important financial transactions of your lifetime. Family law is not a one size fits all approach and every family has different circumstances. You need family law advice on your case and a family lawyer to help you to reach an agreement that is a good outcome for you.

  • If we have reached an agreement, do we need a family lawyer to formalise it?

    It is important to finalise your property settlement by consent orders or a binding financial agreement. Formalising the agreement will give you certainty and allow you to move on with your financial future, reduce the risk of a future claim by your ex-partner, potential tax exemptions and provide you with an enforceable outcome.

  • Is property divided equally after a seperation or divorce?

    Family law is complex and it is not a one size fits all approach. Your entitlement to a property settlement will depend on your circumstances and factors such as the property you own and the value of the property, the financial contributions and non-financial contributions made before, during and after the relationship and the future needs of each party, amongst other factors.

  • How do I find out what assets by former partner has?

    Each party to a family law matter must disclose their assets, liabilities and financial resources.  The duty of disclosure of each party to a family law matter is not negotiable.  There are serious consequences for hiding or failing to disclose assets. The starting point is for a family lawyer to write to your former partner to obtain their disclosure.

Getting started

A step-by-step guide to resolving your family law problem

Getting started on resolving your family law problem can feel overwhelming, but understanding the process can ease the way. Here’s a straightforward guide to what you can expect from your first appointment with us, designed to equip you with the knowledge and confidence to take the next steps.

1. Making first contact

Reaching out is the first step towards resolving your family law matter.

You can book an initial appointment with us on our online booking calendar on our website or over the phone. We offer two initial options to get the conversation started: a complimentary 15-minute chat or a comprehensive one-hour consultation for $450, including GST.

Both provide a safe space for us to understand your unique situation.

2. Preparing for your consultation

While it’s natural to feel anxious about your first meeting with a family lawyer, we aim to make the process as smooth as possible. We offer appointments in person either at our Cairns or Innisfail office, or by Telephone or Microsoft Teams appointments.

If your matter is about a property settlement, be prepared to answer questions about what property you currently own and its estimated value and the property that you and your former partner owned at the start of the relationship.

Please ensure you have childcare in place for your children, as we do not allow children to attend appointments.

3. During the initial consultation

The initial consultation is a one-hour session with a family lawyer on our team. We will listen to your story, ask you relevant questions, provide you with preliminary advice about your separation, divorce, parenting and/or property matter and make a plan forward to assist you to resolve your matter.

4. The next step

Following your first consultation, should you choose to engage our services, we’ll provide you with a cost agreement and disclosure notice detailing our legal fees and terms of engagement.

With our expertise by your side, you’ll have the resources and strategies to make confident decisions and progress towards a resolution.

Want to meet the team? Book a consult and let's chat

Our team

Meet the dedicated professionals who make Cairns Family Law Group your trusted ally in navigating family law. Each member of our team not only brings legal expertise but also a genuine commitment to understanding your unique situation.

Together, we focus on equipping you with the knowledge to make informed decisions that positively shape your future.

For a deeper dive into the expertise and ethos that each team member brings to your case, click below.

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