Visual Guide
Step-by-step visual breakdown of how property settlement works in Queensland. Share, print, or embed on your website.
Understanding the 4-Step Property Settlement Process
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Step 1: Identify and Value All Assets and Liabilities
Create comprehensive list of everything you own and owe — assets AND liabilities from both parties.
Assets Included in a Property Settlement
- Real estate (family home + investments)
- Bank accounts & savings
- Superannuation (retirement savings)
- Vehicles, boats, caravans
- Shares & investments
- Business interests
- Furniture & personal items
Liabilities Considered in a Property Settlement
- 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.
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Step 2: Assess Each Party's Financial and Non-Financial Contributions
Create comprehensive list of everything you own and owe — assets AND liabilities from both parties.
Financial Contributions Considered by the Court
- Income earned during relationship
- Assets brought into relationship
- Inheritances received
- Business building and growth
- Mortgage payments made
Non-Financial Contributions and Homemaker 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.
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Step 3: Consider Future Needs and Circumstances
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
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Step 4: Determine a Just and Equitable Property Division
Considering all factors above, what percentage split is fair in YOUR specific circumstances?
Property Settlement Examples and 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 Ways to Reach a Final Property Settlement
Negotiated Property Settlement Agreement
3-4 months
$3-5k
You’ve agreed. Lawyer prepares consent orders. Court approves. Done.
Mediation and Family Dispute Resolution
4-6 months
$7-10k
Mediator helps negotiate. Agreement reached. Consent orders prepared.
Property Settlement Court Proceedings
12-24+ months
$20-50k+
Judge decides for you. Expensive. Stressful. Last resort only.