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Advice & Articles

How Do We Decide What We Own and What It’s Worth During a Divorce in Queensland?

  • Published: 10 February 2025
  • Last Updated: 30 October 2025

One of the most challenging aspects of divorce in Queensland is deciding what you own and determining its value. Under Queensland family law, property settlement laws require couples to fairly distribute assets, liabilities, and superannuation. Understanding the legal process and obtaining accurate valuations is essential to achieving a fair outcome.

 

Steps to Deciding What You Own and Its Value

  1. Identify the Property Pool
    The first step is to identify all assets and liabilities accumulated during the relationship. This includes real estate, vehicles, superannuation, investments, debts, and personal belongings.
  2. Obtain Accurate Valuations
    To ensure a fair division, professional valuations may be required for significant assets like real estate, businesses, and superannuation accounts.
  3. Negotiate the Division
    Negotiations can take place directly, through mediation, or via legal representation. The goal is to reach an agreement without the need for court intervention.
  4. Consider Non-Financial Contributions
    Courts in Queensland also consider non-financial contributions, such as raising children or managing the household, when dividing assets.
  5. Formalise the Agreement
    Once an agreement is reached, it’s crucial to formalise it through Consent Orders or a Binding Financial Agreement to make it legally enforceable.

 

Considering keeping the family home? While the court may adjust for your future needs, you must understand the financial strain of single-income homeownership. Read our latest article on the Hidden Costs of Keeping the House After Separation.

 

Conclusion

Deciding what you own and determining its worth during a divorce in Queensland can be overwhelming, but you don’t have to navigate the process alone. At Bennett Carroll Solicitors, our experienced family lawyers in Brisbane, the Gold Coast, and the Sunshine Coast can guide you through every step of your property settlement. Whether you need assistance with asset division, superannuation splitting, or legally binding agreements, we’re here to help. Contact us today for expert legal advice and ensure your financial future is protected.

 

Explore more about property settlements and financial agreements:

  • Understanding Binding Financial Agreements
  • Navigating Divorce And Separation: Seeking Legal Advice For Property Settlements And Child Custody Arrangements – Legal Advice Article
  • 10 Common Mistakes People Make During Separation And How To Avoid Them

 

  • Federal Circuit and Family Court of Australia

 

  • Superannuation and relationship breakdown

 

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This information is provided for general informational purposes only and does not constitute legal advice. Please consult with a qualified lawyer for advice regarding your specific situation.

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