Property Settlement Lawyers Cairns & Townsville

Home Services Family Law Property Settlement

After separation, you have certain rights and obligations regarding your finances and property. We’ll help you work through this important stage of the separation process. You may have a lot of questions about your entitlements as well as your obligations. Our Townsville and Cairns property settlement lawyers are here to help.

In some property and financial settlement matters, we can offer deferred payment options to help ease the burden of your legal fees. Ask your lawyer about this in your free initial consultation.

Speak To A Lawyer Today

Cairns Family Lawyers

07 4052 0700

Townsville Family Lawyers

07 4752 0200

Things to consider

When you apply for a property settlement after divorce or separation, you must disclose your assets and liabilities. The court will also usually consider the following factors when determining a property settlement:

  • the financial contributions of both parties to the assets of the relationship
  • the non-financial contributions of both parties to the relationship
  • the contribution of both parties as a homemaker and/or parent
  • the future needs of both parties

Make a free initial appointment to speak confidentially with one of our family lawyers in Cairns and Townsville about getting a fair property settlement without going to court.

Time Limits

There are certain time limits that apply for property settlement matters. You must apply to the court for a property settlement within the below time limits:

  • De Facto Relationships – you must file an application in the court within two years of the date of separation
  • Divorced – you must file for an application within 12 months of the date of divorce
  • Married but separated (not yet divorced) – there is no time limit to apply for a property settlement

If you are unsure whether you are within the time limits, speak to a family lawyer in Cairns and Townsville today.
Read More

Property Settlements Made Clear

Separating from a partner is rarely easy, and the financial side of it can feel overwhelming. Questions about who gets what, how debts are divided, and what happens to the family home are stressful, but you don’t have to face them alone. 

At Preston Law, our experienced property settlement lawyers in Cairns and Townsville are here to guide you through the process with clarity and care.

Our role is simple: help you achieve a fair settlement, reduce unnecessary conflict, and make sure your financial future is secure.

What Does a Property Settlement Cover?

A property settlement isn’t just about dividing assets. It includes a full picture of both parties’ financial position, such as:

  • Real estate, businesses, and investment properties
  • Superannuation and savings
  • Debts and liabilities
  • Vehicles, furniture, and household assets
  • Contributions as a parent or homemaker

Our settlement lawyers in Cairns, Queensland,ensure every financial or otherwise contribution is properly recognised. That way, you can move forward knowing your interests have been protected.

Why Choose Preston Law?

When it comes to finding property settlement lawyers in Queensland, experience and local knowledge matter, our team understands the unique challenges faced by families in North Queensland and provides practical advice tailored to your circumstances.

By working with a trusted settlement lawyer in Cairns, you’ll benefit from:

  • Clear explanations of your rights and obligations
  • Honest advice about your options for negotiation or mediation
  • Strong representation if court action becomes necessary
  • Support that balances legal expertise with genuine care for your wellbeing

Alternatives to Court

Not every property settlement case needs to end up in front of a judge. Our settlement lawyers always aim to resolve matters through negotiation or mediation first. This approach is faster, less stressful, and far more cost-effective.

But if court proceedings are required, you’ll have an experiencedsettlement lawyer in Queenslandready to advocate for you with confidence.

Local Lawyers for All Your Legal Needs

As one of the largest firms in regional Queensland, Preston Law offers more than just property settlement lawyers. We’re a full-service law firm – which means you’ll have access to a wide range of expertise under one roof.

And of course, our broader team of Cairns lawyers are always on hand to guide you through any other challenges that arise. 

Looking to make a personal injury claim? Our workers' compensation and accident compensation lawyers are here to help. 

Speak to a Property Settlement Lawyer Today

At Preston Law, ourproperty settlement lawyers in Queenslandwill guide you through the process with clear, practical advice and strong representation when you need it most. We’re committed to helping you move forward with dignity, security, and peace of mind.

Contact our settlement lawyers in Cairns today for a free initial consultation and take the first step toward a fair resolution.

Read Less

Make an Enquiry

Frequently Asked Questions

What does a Court consider in a property settlement?

In the case of a property settlement, the Court will consider the current assets, liabilities and financial resources of the parties. They will also consider the contributions each person has made to the property pool (both financial and non-financial) together with the future needs of each person, such as the financial circumstances, accessibility to pensions and government benefits and care for another child or person.

How do you negotiate a house settlement?

To ensure the best interests of you and your family are maintained, make sure you use an expert family lawyer who will help guide you through the negotiations. Seeking the right legal advice is the most secure way to avoid expensive mistakes and to ensure that strict deadlines involved in property settlements are adhered to.

Do all separating couples need a property settlement?

It is vital that all financial ties with your former spouse are finalised as soon as possible. When a property settlement is considered by the Court, they will consider the current value of any assets and liabilities. This means that any assets acquired after the separation are considered.

Is my ex-partner entitled to half my house?

It’s a myth that assets are split 50/50 when a couple separates as many factors are considered when determining the property settlement. The Family Law Act sets out the factors to be considered in determining what is in the best interests of a child. Therefore, it is advisable to consult with a family lawyer to ensure that your interests are protected.

Does length of marriage affect a property settlement?

The short answer is, yes. The shorter the marriage, or relationship, the closer the Courts will consider the initial contributions and the financial contributions during the marriage. Property settlement outcomes are based on many factors and therefore it is important to speak to an expert family lawyer.

We have pets – do they count as property?

Whilst pets are part of many families in Australia, they are considered property by the Courts and not dealt with in the same way as children. To establish who gets to keep the animal, the first step is to determine the actual owner. Factors to consider when working through this are who bought the pet, who feeds the pet and takes it to the vet, and whose name is it registered and insured under?

Is Superannuation counted as property?

Yes, it is. However, it will be treated differently to other assets (such as furniture or your house) as superannuation cannot be accessed until you meet the eligibility requirements of the superannuation fund.

Do you provide Property Settlement services in Townsville?

Our Townsville property settlement lawyers provide legal advice and services for all aspects of family law matters. Our lawyers will help you understand your entitlements and options. For an obligation-free, initial consultation, please contact our Townsville team on 07 4752 0200.

Call Us Now For An Obligation Free Consultation

Townsville Lawyers