Family Law

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.

Agreeing to “keep it amicable” and skip the lawyers might sound mature - until it doesn’t. Informal arrangements can work fine… until:

• One parent gets a new partner

• Someone moves interstate

• Or a parent suddenly refuses to return the child

And then? There’s no court order. Which means police can’t enforce anything. You’re left relying on “trust” - even if the agreement was just a casual text message.

Being civil is great. But relying on vibes instead of legal structure is like building a bridge with duct tape. If things are going well, that’s the best time to turn your agreement into a consent order. That way, if trouble comes knocking, you’re not scrambling - you’re protected.

💡 Tip: If it’s working now, lock it in before it stops working. “Trust” is not a legal strategy.

🎥 For more insights, watch our short video.

At first, it might sound like a fair trade. But when you actually do the math, the picture changes:

• A used car loses value every day.

• Superannuation generally grows over time.

Fast forward a few years: that car could be worth less than your phone, while his super is compounding into six figures. Suddenly, “amicable” looks very expensive.

This is where many people go wrong in informal settlements - swapping short-term convenience for long-term security. Family law takes all assets seriously, including future retirement income.

👉 If you’re going to negotiate, do it with full disclosure and legal advice - not just emotion or guilt.

💡 Tip: If you’re giving up your super for a car, make sure it’s not guilt or pressure driving the wheel.

🎥 For more insights, watch our short video.

Messages and recordings can be used in family court - but not always, and not without rules.

• The content must be relevant.

• How you got it matters. Secret recordings may be illegal, especially in Queensland or NSW.

• If you recorded a conversation you weren’t part of - that’s usually not admissible.

• If it was abusive and you were the target - it may be allowed.

• Judges don’t want “drama dumps.” They want context, not 2AM rage texts.

👉 Don’t flood the court with your entire phone history. Let your lawyer decide what helps, and what just makes noise.

💡 Tip: Screenshots don’t win cases. Strategy does.

🎥 For more insights, watch our short video.

Contributions in family law aren’t just about who earned the most money. They can include:

• Financial contributions - income, savings, or assets brought in.

• Homemaking contributions - cooking, cleaning, running the household.

• Parenting contributions - raising children, daily care, emotional support.

• Sacrifices - like giving up a career for the family.

The court looks at the whole picture: who brought what in, who helped build the asset pool, and how. Don’t assume the higher earner automatically gets more. Sometimes the person providing steady support behind the scenes made all the difference.

👉 The real question isn’t “who paid the most?” It’s “who made what possible?”

💡 Tip: If they couldn’t have done it without you - that counts.

🎥 For more insights, watch our short video.

Parenting orders aren’t frozen documents. Life changes - and what made sense years ago might not work today. Kids grow, jobs change, and families move.

The law recognises this. Parenting orders can be reviewed or varied - but not casually. The court will only consider changes if:

• Circumstances have materially changed, and

• The current orders no longer serve the child’s best interests.

It’s not enough to say, “I feel like it’s unfair now.” You’ll need real evidence of significant changes, such as:

• New jobs

• Schooling needs

• Health issues

Parenting arrangements are living documents - and should be treated like it.

💡 Tip: Your kids are growing. Your orders should too.

🎥 For more insights, watch our short video.