Arbon Legal Group
Family law

Dividing Property or Property Matters

Contact us at Clarity Legal Group to discuss your particular situation with one of our experienced Family Lawyers.

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Dividing Property

Reaching agreement on all your property and financial matters as quickly as possible following separation is important. We can help!
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Dividing Property

Financial Settlement

Whatever the financial arrangements between you and your ex there’s a good chance that you will need to do some kind of financial settlement. If you and your ex had joint accounts or shared property, or if one of you has been the main earner and the other looked after the home and kids then it is almost certain that arrangements will have to be made to divide up the property.

Property includes everything with a financial value, from real estate to furniture, cars to superannuation, mortgages, credit cards and tax debts. Even where there is no dollar value – for example an expectation under a trust – this can be considered when working things out.

Remember that if you transfer real estate or any other property subject to transfer duty you may be entitled to an exemption from paying that duty – but only provided you have formalised the settlement legally. This could save you thousands of dollars.

If you Agree on how to split up property

Where you can agree on a deal this can be formalised by either Consent Orders or by a Binding Financial Agreement.

  • Consent Orders (can include parenting arrangements too)
    Consent Orders are more suited to a permanent, secure agreement that is unlikely to require any changes in the future.
  • To make Orders the Court must be satisfied that the agreement is just and equitable.
  • They can deal with both property (financial) and children’s (parenting) matters.
  • Binding Financial Agreements (property only)

Binding Financial Agreements only deal with property and not parenting matters. They are flexible can contain any agreement you wish to make.

  • No court approval is needed but each party must engage a solicitor to obtain their own independent legal advice on the Agreement
  • It can be used in the same way an Order can, to transfer property, split superannuation and/or wind up other joint enterprises;
  • It can be updated if circumstances change (such as children growing older, businesses going under etc.);
  • Can be challenged later if there was any undue influence or errors made in the drafting of that agreement; and
  • May work out much cheaper if you already have a verbal agreement in place and the parties are amicable.

If you can’t agree

If neither of the above options seem applicable to your scenario, it may be necessary to apply to court for final orders. Court can be complex and stressful, but don’t worry – our team has vast experience in helping people work through the maze of the court process to get the right result.

However, in most cases before you can go to court you will need to try and resolve matters by dispute resolution process such as mediation. We can help you arranging mediation and attending with you so that any deal can be documented legally there and then.

At Clarity Legal Group our team are highly experienced in court and non-court property settlements in Family Law. We can guide you through the process and help you to achieve a fair outcome.

Contact us today on 07 5562 0444 or send an email to or you can get started online by clicking here.

Dividing Property

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email

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