Family law property mediation program
Legal Aid Queensland's lawyer-assisted family law mediation and arbitration service resolves less complex property disputes for separated, married and defacto couples.
The service is for family law property disputes:
- with a net equity (the total value of assets less debts) of between $20,000 and $500,000, excluding superannuation (with no limit on superannuation) or
- where the legally aided person's claim is a maximum of $250,000 of a larger net equity.
What does the grant cover?
The maximum net equity of disputed property is currently $400,000. Under the program, this has now been increased to $500,000 excluding superannuation (with no limit on superannuation).
The program will also include funding matters where the applicant's net claim is $250,000 excluding superannuation of a larger property dispute. For example, where there is a short marriage.
The current requirement for property funding is that the applicant for assistance is also seeking resolution of another related family law matter. This requirement will not apply under the program.
Currently, only one party needs to be represented in LAQ property mediation (being the legally aided party). Under the program, both parties must be represented. The second party has the option of receiving legal aid (if eligible) or engaging a private lawyer.
When making an application, the existing assets test doesn't apply, but the current income test will continue to apply.
The program covers small, less complex property disputes, and exclusions relating to matters involving business or commercial ventures will still apply. Trusts and negative equity (debt) will not be eligible under the program.
How to apply
To apply for a grant:
- complete and return a Legal Aid Queensland application form, and
- provide proof of income (as set out in in the application form).
More information
More information about the family law property mediation grant will be available soon on our website.
Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.
Last updated 25 July 2023