Visual Guide

Property Settlement Process: Complete Visual Guide

Step-by-step visual breakdown of how property settlement works in Queensland. Share, print, or embed on your website.

The 4-Step Property Settlement Process

1

Identify & Value All Property

Create comprehensive list of everything you own and owe — assets AND liabilities from both parties.

Assets Include:

  • Real estate (family home + investments)
  • Bank accounts & savings
  • Superannuation (retirement savings)
  • Vehicles, boats, caravans
  • Shares & investments
  • Business interests
  • Furniture & personal items

Liabilities Include:

  • Mortgages on properties
  • Personal & car loans
  • Credit card debts
  • Tax debts
  • Business debts
  • Legal costs

💡 Pro Tip: Obtain professional valuations for property, businesses, and defined benefit superannuation. Online estimates aren’t enough for formal settlement.

2

Assess Each Party's Contributions

Create comprehensive list of everything you own and owe — assets AND liabilities from both parties.

Financial Contributions:

  • Income earned during relationship
  • Assets brought into relationship
  • Inheritances received
  • Business building and growth
  • Mortgage payments made

Non-Financial Contributions:

  • Homemaker role (raising children)
  • Home renovations & improvements
  • Caring for elderly parents
  • Supporting spouse’s career
  • Unpaid domestic labor

⚠️ Remember: Homemaker contributions are valued equally to financial contributions. Staying home with children is a contribution to the marriage and family wealth.

3

Consider Future Needs

Factors affecting each party’s future financial security may adjust the property split.

Age & Health:            Older age or poor health may increase need for larger share
Care of Children:        Primary carer often needs stable housing and financial security
Earning Capacity:         Career interruptions or health issues affecting ability to earn
New Relationships:       Support from new partner may reduce financial needs
Financial Resources:       Existing assets, inheritances, or family support available
4

Determine Just & Equitable Division

Considering all factors above, what percentage split is fair in YOUR specific circumstances?

Example Scenarios:

💼 Both worked, no kids, 5-year marriage → Often close to 50/50

👶 One stayed home with kids, 15-year marriage → May be 60/40 or 65/35

🏠 One brought property, 2-year relationship → Likely keep what brought in

💰 Complex business, significant inheritance → Requires detailed analysis

🚫 Common Myth: There’s NO automatic 50/50 split in Queensland. Every case assessed individually based on these 4 steps.

Three Paths to Final Settlement

Negotiated Agreement

3-4 months

$3-5k

You’ve agreed. Lawyer prepares consent orders. Court approves. Done.

Mediated Settlement

4-6 months

$7-10k

Mediator helps negotiate. Agreement reached. Consent orders prepared.

Court Proceedings

12-24+ months

$20-50k+

Judge decides for you. Expensive. Stressful. Last resort only.