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 family 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. 

Things to consider

When you apply for a property settlement after divorce or separation, you will need to 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 about getting a fair property settlement without having to go 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 for 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 today. 

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