Fixed-fee pricing
Quoted upfront for BFAs, consent orders and property transfers. No surprise invoices.
Stamp duty exemption specialists
Hundreds of matrimonial transfers lodged with the QRO – we know what they accept.
One dedicated team
Your matter stays with one solicitor from instructions to settlement. No handballing.
Property settlement lawyers in Brisbane and on the Gold Coast
Splitting up property after a separation is one of the most stressful things a couple goes through. Get the legal side wrong and it can cost you the stamp duty exemption or drag the whole thing out for months.
Our property settlement lawyers do this every day, for clients right across Brisbane and the Gold Coast. Because Empire Legal is a property law firm first, we handle both halves of a settlement under one roof: the family-law paperwork (BFAs, consent orders) and the property transfer itself (title, QRO lodgement, PEXA). Most family firms hand the property side to someone else. We don’t, which makes it faster, cheaper, and a whole lot less confusing.
Wherever you are, from Brisbane’s inner suburbs to out west to anywhere along the Gold Coast, we act for you remotely over phone and email, or in person at our Spring Hill, Wynnum and Paradise Point offices. Fixed fees, quoted upfront, no surprises.
What we actually do
Pre-nup BFAs
Getting married, already married or moving in together? A Binding Financial Agreement drafted before the relationship starts sets out what happens to property if things don’t go the distance. Quicker and cheaper than sorting it out later.
Post-separation BFAs
Separated and ready to divide property without the court? A BFA locks in the split, avoids the Family Court queue and qualifies you for the QLD stamp duty exemption on any property transfers.
Consent Orders (property)
Need the Family Court’s stamp on your property split? We draft the Application for Consent Orders and Minute of Orders and file them with the court – court-approved, stamp-duty exempt, done.
Consent Orders (parenting)
Sorted the parenting arrangements between you but want them made legally binding? We draft and file parenting consent orders so everyone is on the same page and the court can enforce them if needed.
Property transfers under orders
Orders or BFA already in place? We do the actual transfer – Form 1, QRO lodgement, PEXA settlement, title registration. One spouse to the other, investment properties included, stamp duty exempt where eligible.
Stamp duty exemption claims
QLD gives you a stamp duty exemption on transfers made under a court order or BFA. Done properly it can save tens of thousands. Done badly it gets bounced by the QRO. We handle the paperwork so it doesn’t.
What does it cost?
Transparent fixed fees. No hourly tick-tick-tick.
| Service | Empire Legal fixed fee | Typical family-firm range |
|---|---|---|
| Pre-nup BFA Binding Financial Agreement before the relationship |
$4,000 – $5,000 | Up to $10,000+ |
| Binding Financial Agreement Pre or post separation. Both parties need their own solicitor. |
$3,000 – $4,000 | $6,000 – $12,000+ |
| Consent Orders Post-separation property and/or parenting orders |
$3,000 – $4,000 | $5,000 – $10,000+ |
| Property transfer under orders/BFA Including QLD stamp duty exemption claim |
From $1,500 | Varies |
All pricing is plus outlays (filing fees, QRO lodgement, titles office searches, PEXA charges). We quote you a firm fixed fee once we’ve seen your matter – no surprise invoices, no drip-fed admin charges.
The QLD stamp duty exemption
Here’s the big one – and the reason we push clients to get the paperwork right before transfer.
Queensland waives stamp duty on residential and investment property transfers between spouses or de facto partners if the transfer gives effect to:
– Federal Circuit and Family Court order, or
– a Binding Financial Agreement that meets the requirements of the Family Law Act 1975 (Cth).
On a $750,000 property that’s about $20,000+ in stamp duty you don’t have to pay. But the Queensland Revenue Office is fussy. The orders or BFA have to be correctly drafted, signed and witnessed, and the transfer has to be lodged with the right schedules. Miss any of it and the exemption gets refused – and you’re writing a very large cheque to the QRO.
Because we draft the BFAs, prepare the consent orders and lodge the transfer, we see the full picture. If something looks shaky we fix it before lodgement – not after.
Just need to end the marriage? See our divorce applications page – fixed-fee joint or sole divorce, filed with the Family Court for you.
How it works
1. Call or send us the basics. Tell us what you need – BFA, consent orders, transfer, or all three. We’ll send through a short intake questionnaire the same day.
2. Fixed-fee quote within 24 hours. Once we’ve seen your situation we send a written quote with a firm fee, scope and timeline. No surprises.
3. We draft. BFAs, consent orders, transfer paperwork – drafted in plain English, sent to you for sign-off, and amended until you’re happy.
4. Independent advice for the other side. For BFAs, the other party must have their own solicitor. We can refer you to a few firms who quote fixed fees for the sign-off. For consent orders both parties can proceed without separate representation but we recommend independent advice.
5. Filing, lodgement, settlement. Consent orders get filed with the Family Court. BFAs get signed and stored. Property transfers get lodged with QRO and settled through PEXA. We keep you posted every step.
6. Done, with all the certificates to prove it. Court-sealed orders, executed BFAs, stamped transfers and registered titles – all sent to you at the end.
Frequently asked questions
Do I need both a family lawyer and a property lawyer?
Usually not – we handle both the family-law paperwork (BFAs, consent orders) and the property side (transfers, stamp duty exemption) under one roof. Where a matter is contested or involves court appearances, children’s issues beyond consent orders, or spousal maintenance, we’ll refer you to a family-law specialist we trust.
What is a Binding Financial Agreement (BFA)?
A BFA is a private agreement under the Family Law Act that divides up your property if your relationship ends (or has ended). Done properly, it keeps you out of the Family Court. You can enter one before marriage/de facto (a “pre-nup”), during the relationship, or after separation. Both parties must have independent legal advice – we act for one party and refer the other to a trusted firm.
What are Consent Orders?
Consent orders are court-sealed orders made by the Family Court or Federal Circuit and Family Court. They’re used where both parties agree on the property split or parenting arrangements and want the agreement legally binding. Consent orders also qualify for the QLD stamp duty exemption on property transfers. We draft the application and minute of orders and file them for you.
Can Empire Legal act for both me and my ex?
No – never. Empire Legal doesn’t act for both parties in the same matter, whether it’s a BFA, consent orders or a property transfer. Where both of you want us, we’ll act for one and point the other to a trusted firm for independent advice. It’s a legal requirement for BFAs and good practice everywhere else. See why we never act for both sides.
How much stamp duty will the exemption save me?
On a $750,000 Queensland property it’s roughly $20,000 in duty you don’t have to pay. On a $1M investment property it climbs past $30,000. The exemption applies to residential and investment property transfers between spouses or de facto partners where the transfer is pursuant to a court order or BFA. The paperwork has to be exactly right – which is why we draft and lodge it ourselves rather than handing it off.
How long does a BFA or consent order take?
Straightforward BFAs: 2 to 4 weeks from instruction to execution, including time for the other party’s solicitor to review. Consent orders: 4 to 8 weeks including court filing and sealing. Property transfers following the order or BFA: another 4 to 6 weeks through PEXA and QRO. If there’s urgency (finance deadlines, divorce finalisation, moving dates), tell us up front – we’ll build the timeline accordingly.
What does "plus outlays" mean?
Outlays are third-party charges we pay on your behalf – things like Family Court filing fees, QRO stamp duty lodgement, titles office searches, PEXA settlement fees. They’re separate to our professional fee and get itemised on the invoice. Typical outlays on a consent order + transfer matter sit around $600 to $900 all up.
Do you handle parenting disputes or child support?
We draft parenting consent orders where both parents agree on the arrangements. We don’t handle contested parenting matters, Family Court appearances, child support agency disputes or spousal maintenance claims – we’ll refer you to a family-law specialist for those.
What areas of Queensland do you cover?
Family law property work is handled Queensland-wide. Most of our clients are in Brisbane, the Gold Coast, the Sunshine Coast, Logan, Ipswich and Redlands. But because everything settles via PEXA, we can act wherever the property sits.
Do I need a property settlement lawyer?
If you’re separating or divorcing in Queensland, a property settlement lawyer helps you divide assets, superannuation and debts fairly. They then make the agreement legally binding so it can’t be reopened down the track. You don’t have to go to court: most settlements are negotiated and formalised through consent orders or a binding financial agreement. Empire Legal’s family law solicitors walk you through the whole process, protect what matters to you, and keep things as calm and cost-effective as possible.
Separation and property – the practical questions
Property is usually the biggest asset in a separation and the one people get the least clear advice on. Start here.
Selling the family home in a separation – how a sale works when both names are on the title and you no longer agree.
Adding or removing a spouse from title – what it costs, when duty applies, and when it does not.
Divorce in Australia – the process, the timing, and how it interacts with a property settlement.
Joint or sole divorce application – which one applies to you and what changes.
Property settlement lawyers in Queensland
If you're separating or divorcing in Queensland, a property settlement lawyer helps you divide assets, superannuation and debts fairly. They then make the agreement legally binding so it can't be reopened down the track. You don't have to go to court: most settlements are negotiated and formalised through consent orders or a binding financial agreement. Empire Legal's family law solicitors walk you through the whole process, protect what matters to you, and keep things as calm and cost-effective as possible.
