Property Lawyers Caloundra Sunshine Coast | Ferrall & Co.
Property Lawyers Caloundra
A property settlement divides the assets, debts and superannuation built up during a relationship. It is a separate legal process from divorce, it applies to married and de facto couples alike, and it is governed by federal law — the Family Law Act 1975 (Cth). Ferrall & Co. acts for separating clients across Caloundra and the Sunshine Coast, from the first conversation through to consent orders and implementation.
Most people expect separation to be emotionally hard. What catches them off guard is the financial side — and how much of it is time-limited. Agreeing to a split at the kitchen table, or signing something without advice, can cost far more than the legal fees you were trying to avoid.
What a property settlement actually covers
Property settlement in family law is not conveyancing and it is not commercial property work. If you are buying or selling a house, you need a conveyancer. If your relationship has ended and you need to divide what the two of you own, that is the work described on this page.
The asset pool usually includes more than people expect:
- The family home and any investment or holiday-let property
- Superannuation held by each of you, including self-managed funds
- Savings, offset accounts, shares and managed investments
- Business interests, partnerships, company shares and trust entitlements
- Vehicles, boats, caravans, tools and personal property of real value
- Mortgages, personal loans, credit card debt, tax liabilities and business debt
- Companion animals, which since 10 June 2025 have their own category under the Act
Both parties are legally required to make full and frank financial disclosure. Since 10 June 2025 that duty sits in the Family Law Act itself rather than only in the court rules — which makes non-disclosure harder to treat as a technicality.
The law changed on 10 June 2025 — and a lot of advice online hasn't caught up
The Family Law Amendment Act 2024 (Cth) commenced on 10 June 2025. It is the most significant change to property settlement in Australia in over a decade, and it applies to new and existing matters unless a final hearing had already begun. If you were given advice before mid-2025, or you are reading an article that hasn’t been updated, some of it is now out of date.
Four changes matter most in practice:
- The four-step process is now codified. What used to be judicial convention is now written into sections 79 and 90SM. That gives both sides clearer ground to argue from — and clearer grounds to challenge a decision.
- Family violence must be considered. The economic effect of family violence is now an express consideration, at two separate points in the process. Economic and financial abuse is defined in the Act.
- Add-backs, in their traditional form, are gone. Wastage and reckless spending are now dealt with inside the contributions and future-needs assessment instead.
- Debts are looked at more closely. The court assesses whether a liability was incurred for joint benefit or by one party alone.
You can read the Federal Circuit and Family Court’s summary of the changes here, and the Attorney-General’s Department fact sheet for separating couples here.
How Property Settlement Works — Step by Step
Step 1 — Identify the asset pool.
We work with you to identify all assets, liabilities and superannuation entitlements. Both parties are required to make full financial disclosure.
Step 2 — Assess contributions.
We look at what each party contributed — financially, as a homemaker, as a parent — over the course of the relationship.
Step 3 — Assess future needs
Age, health, income, earning capacity, and care of children all factor into what a fair outcome looks like going forward.
Step 4 — Negotiate a settlement.
We negotiate directly with your former partner or their lawyer to reach an agreed outcome wherever possible.
Step 5 — Formalise the agreement.
Once agreed, we prepare consent orders or a binding financial agreement to lock the settlement in legally.
Step 6 — Implement.
Property transfers, superannuation splits, account closures — we help make sure everything is actually carried out, not just agreed on paper.
Ferrall & Co family lawyers
Talk to Our Property Lawyers Caloundra Today
We’re based in Caloundra and assist clients across the Sunshine Coast — Mooloolaba, Kawana, Buderim, Maroochydore, Sippy Downs, Nambour, Landsborough, and all surrounding areas.
If your going through a separation and you want to understand where you stand financially, call us. The first conversation costs nothing and could save you a significant amount down the track.
📞 (07) 5491 2159 📧 admin@ferrallco.com.au 📍 Echelon Centre, Level One, 65-67 Bulcock St, Caloundra QLD 4551
Free 30-minute consultation. No obligation. Available Monday to Friday.