After twenty, thirty, sometimes forty years of building a life together — the family home, the investment properties, the superannuation, perhaps a business — the thought of a separation can be overwhelming. Not just emotionally, but practically.
If you are facing the end of a long marriage in Queensland, you are likely asking some very reasonable questions: What am I actually entitled to? What happens to the business? Will I have to sell the house? What about my super?
This article walks through how Queensland and Australian family law approaches property settlement after a long marriage, what the court looks at, and why getting the right legal advice early makes a significant difference to your outcome.
The Law Does Not Automatically Split Everything 50/50
One of the most common misconceptions about divorce in Australia is that assets are split equally down the middle. That is not how it works.
The Federal Circuit and Family Court of Australia, which handles property matters for Queensland residents, applies a structured 3-step process to determine what a fair property settlement looks like. That process takes into account the full picture of your relationship: what each person contributed, what each person’s future looks like, and what is just and equitable in the circumstances.
In a long marriage, this process becomes considerably more complex and the outcomes are rarely straightforward.
Step 1: What Goes Into the Pool?
The first thing your lawyer will do is identify and value the entire asset pool. This includes everything both parties own, jointly or individually:
- The family home and any investment or holiday properties
- Superannuation balances (both are included, even if one person has significantly more)
- Businesses, companies, trusts and partnership interests
- Shares, managed funds and investment portfolios
- Motor vehicles, boats, caravans
- Savings accounts, term deposits, cash
- Debts, mortgages and liabilitiesThe length of the marriage means there is often a great deal to untangle and assets that were acquired before the relationship may still be included, depending on when and how they were used during the marriage.
Step 2: Contributions — Who Brought What, and Who Did What?
The court considers two types of contributions:
Financial contributions — who earned the income, who brought assets into the marriage, who made mortgage repayments, who funded the business.
Non-financial contributions — who raised the children, who managed the household, who supported the other’s career, who maintained the properties.
In a long marriage, the court typically gives significant weight to both. A spouse who spent twenty years raising children and running the household while the other built a business has made a genuine contribution to the asset pool, even if their name is not on the title deeds or the business register.
This is an area where many people, particularly those who have been the primary income earner, are surprised. The law recognises the value of contributions that don’t appear on a balance sheet.
Step 3: Future Needs — What Does Life Look Like From Here?
Once contributions are assessed, the court turns to each party’s future circumstances. This is particularly relevant in longer marriages where one or both parties are in their fifties, sixties or beyond.
Factors the court considers include:
- Age and health of each party
- Income-earning capacity going forward, particularly if one spouse stepped back from their career during the marriage
- Whether either party has the care of children (including adult children with disabilities)
- The difference in superannuation balances and what that means for retirement
- Whether either party will need to re-enter the workforce after years away from it
For older couples, the superannuation gap is often one of the most significant issues. If one spouse has a substantially larger super balance, which is common where one party worked full-time throughout the marriage, the court has the power to split that superannuation as part of the settlement, even before either party has retired.
What About the Family Business?
This is where long marriage property settlements become most complex, and where the stakes are highest.
If you or your spouse owns a business, whether it is a private company, a partnership, a family trust or a sole trader operation, that business interest forms part of the asset pool and must be valued.
Business valuation in family law proceedings is not straightforward. The court will typically require a formal valuation by an independent expert, who will assess the market value of the business, goodwill (including personal goodwill tied to one individual), the business’s income-generating capacity, and any intermingling of business and personal finances.
This process takes time and can be contested. One party may argue the business is worth significantly more or less than the other claims. Where both parties have been involved in running the business, the question of who continues operating it, and on what terms, adds another layer of complexity.
An additional consideration arises where the business has shareholders, stakeholders or other interested parties, such as business partners, co-directors, minority shareholders, or investors. These individuals have their own rights and interests that cannot simply be overridden by a family law settlement. Their involvement may need to be carefully managed, and in some cases they will need to be consulted or formally notified before any transfer, buyout or restructure can proceed. Shareholder agreements, partnership deeds or trust deeds may also impose restrictions on how interests can be dealt with, and these documents should be reviewed at an early stage.
There is no rule that says a business must be sold. Outcomes vary: one party may buy out the other’s interest, the business may be transferred as part of a broader settlement, or in some cases the parties continue to co-own it (though this is rarely advisable long-term).
Family Trusts and Complex Structures
Many couples who have accumulated significant assets over a long marriage hold those assets through family trusts, self-managed superannuation funds (SMSFs), or corporate structures. These arrangements, often put in place for legitimate tax and estate planning purposes, can complicate a property settlement considerably.
The Family Court has broad powers to look beyond the legal structure of ownership and consider the substance of the arrangement. Assets held in a family trust, for example, may still be treated as matrimonial property if one or both spouses have effective control over the trust or have benefited from it throughout the marriage.
If you have assets held in structures like these, you need legal advice from someone who understands both family law and the way these arrangements work in practice.
What If We Can Agree Without Going to Court?
Most property settlements in Queensland are resolved without a judge ever making a decision. Parties can reach an agreement through negotiation, mediation, or collaborative law processes, and once reached, that agreement can be formalised in one of two ways:
Consent Orders — a court order made by consent, without the need for a hearing. This is binding and enforceable.
Binding Financial Agreement (BFA) — a private contract between the parties that, if properly prepared and signed, is legally binding without court involvement.
Both options are available to couples who can reach an agreement. The advantage of formalising your settlement properly, rather than simply shaking hands and moving on, is that it protects you from future claims. Without formal documentation, either party can potentially make a property claim for up to twelve months after a divorce is finalised.
You May Already Have a Solicitor — But You Need a Family Lawyer Now
Many of our clients come to us having used a solicitor for their business, their estate planning, or their conveyancing for years. They have a trusted legal relationship, but that lawyer is not the right person for this.
Family law in Australia is a highly specific area. The rules governing property settlement, superannuation splitting, children’s arrangements and financial agreements are distinct from general legal practice. The Family Court operates differently from other courts. The strategies that lead to good outcomes in family law proceedings are not the same as in commercial litigation.
If you are facing a separation after a long marriage, particularly one involving significant assets, you need a lawyer who works in family law day in, day out. Not someone who dabbles in it occasionally alongside their other work.
Time Limits Matter
One point that catches many people off guard: there are strict time limits on making a property settlement application in Queensland.
- If you were married, you have twelve months from the date your divorce is finalised to apply for a property settlement order.
- If you were in a de facto relationship, you have two years from the date of separation.
Missing these deadlines means you lose the right to apply, unless the court grants leave to proceed out of time, which is not guaranteed and adds cost and delay.
This is one of the most important reasons not to put things off, even if the separation is amicable and you believe you will sort things out between yourselves eventually.
A Note on Privacy and Confidentiality
We understand that for many of our clients, particularly those with business interests, professional reputations or public profiles, privacy is a significant concern.
Everything you discuss with us is subject to strict legal professional privilege. We handle matters with complete discretion, and we are experienced in working with clients who need to manage the practical and reputational dimensions of a separation alongside the legal ones.
We can conduct your entire matter electronically if you prefer, no need to visit an office. For those who prefer face-to-face, we have offices in Brisbane (Mt Gravatt and Stafford), on the Gold Coast (Mermaid Beach) and on the Sunshine Coast (Birtinya).
Take the Next Step
Navigating the legal system shouldn’t be left for you to do alone. Let us take the legal burden off your shoulders.
Contact us today for a confidential chat
Phone us on 1300 334 566 or leave your details below and we will get back to you.
Bennett Carroll Solicitors act for clients across Queensland in all areas of family law, including property settlement, superannuation splitting, business asset division, de facto separations, parenting arrangements and binding financial agreements.
