Legal Q&A

Divorce and separation don’t mean you automatically split assets 50/50.

Here’s why: under Australia’s Family Law Act, property division is based on what’s fair, not just equal. The court doesn’t grab a calculator and divide everything in half. Instead, it considers:

• Contributions - financial (like income or property), non-financial (like raising kids, unpaid labour, or sacrifices).

• Future needs - age, health, earning capacity, and who’s now caring for the children.

That means a stay-at-home parent of 10 years may not walk away with “just half.” And someone who entered the relationship with a house doesn’t automatically keep all of it. Some settlements are 60/40. Others 70/30. Very few are exactly 50/50.

👉 So if someone tells you, “You’ll just get half,” take it with a grain of salt. Family law is more complex - and it’s worth getting proper advice.

💡 Tip: Family law isn’t about splitting the pie evenly — it’s about who baked it, who ate it, and who’s still doing the dishes.

🎥 For more tips, watch our short video.

Not signing a marriage certificate doesn’t mean you’re safe from legal obligations.

In Australia, if you’ve lived together for two years or you share a child, you’re probably in a de facto relationship. Legally, that means you may as well be married when it comes to property, superannuation, and debts.

Many people only find out the hard way - usually after a breakup, when their ex makes a claim over:

• The house they paid for

• Their super

• Or even their business

And the court? It won’t care what you called the relationship. It will care how you lived it:

• Shared bank accounts

• Joint bills

• Who paid what

👉 So no, calling them your “roommate” won’t protect you. If you’re building a life together, the law assumes you’re doing it as a couple - and treats you like one.

💡 Tip: If it walks like a marriage and spends like a marriage - it’s probably a legal relationship, too.

🎥 For more insights, watch our short video.

Being a biological parent doesn’t automatically mean equal time with the child.

In family court, the top priority is always the child’s best interests - and that includes their safety.

• If there’s evidence of domestic violence (physical, emotional, financial, or coercive), the court takes it seriously.

• Outcomes could include no time, supervised time, or heavily restricted contact.

• Staying silent about abuse doesn’t “keep the peace” - it puts the child at risk.

• Courts can’t act on what they don’t know, so evidence of violence must be raised.

👉 If violence was part of the relationship, it belongs in the parenting conversation - not left in the past.

💡 Tip: Parenthood comes with responsibility, not unconditional rights. When there’s abuse, the law puts the child’s safety first.

🎥 For more insights, watch our short video.

Domestic violence can leave more than emotional scars - it can impact how property is divided.

Under new provisions in Australian Family Law, if one partner’s abusive behaviour made the other’s contributions significantly harder - for example:

• Sabotaging work

• Controlling money

• Creating constant fear

…the court may adjust the property split in favour of the partner who carried that extra burden.

This isn’t about punishment. It’s about fairness. If abuse made your life harder but you still contributed, the court can recognise that imbalance.

But don’t expect it to happen automatically. You need evidence:

• Medical records

• Messages

• Timelines

The court won’t guess - you have to show it.

💡 Tip: Abuse that was invisible during the relationship might become very visible in court - if you’re ready to speak up.

🎥 For more insights, watch our short video.

No, you don’t lose your rights just because you packed a bag and walked out.

Leaving the home doesn’t mean giving up your claim on the property, your share in the assets, or your role as a parent. In fact, in many cases, leaving is the smart thing to do - especially if there’s conflict or risk.

Where people trip up is leaving without documenting what they’ve left behind:

• No photos

• No inventory

• No legal advice

That’s when things get messy. An ex might change the locks, sell items, or pretend you abandoned everything.

👉 Leaving isn’t surrendering. But leaving without a plan? That’s handing them the upper hand on a silver platter.

💡 Tip: If you’re going to leave the house, take your toothbrush - and a lawyer.

🎥 For more insights, watch our short video.