FAQs - Part 1

1. How is property divided after separation?

One of the most common misconceptions about separation is that assets are automatically divided equally. In Australia, there is no rule that says property must be split 50/50.

The law in Australia requires any division of property to be just and equitable. In simple terms, that means the outcome must be fair when all of the circumstances of the relationship are taken into account.

The first step is to identify the asset pool. This can include the family home, investment properties, savings, debts, superannuation, businesses, companies, trusts and other financial resources.

The next step is to consider what each person contributed throughout the relationship. Contributions are not limited to income or financial support. Raising children, caring for the household, supporting a partner's career, helping in a family business, carrying out renovations, or bringing an inheritance into the relationship can all be relevant.

The Court will also look at each person's future circumstances. Factors such as who will primarily care for the children, differences in income, age, health, and future earning capacity may all influence the outcome.

As a result, every property settlement is different. Some couples may ultimately agree on a division that is close to equal while others may not. The outcome depends on the particular facts of the relationship rather than any fixed formula.

2. Do I need a lawyer for my divorce or separation?

Not necessarily. Whether you need legal assistance will depend on your circumstances and what issues need to be resolved.

Many people are surprised to learn that a divorce is simply the legal process of ending a marriage. It does not automatically deal with property settlement, parenting arrangements, child support or spousal maintenance. Those issues are separate and often require their own consideration.

In some situations, a straightforward divorce application can be managed without a lawyer, particularly where both parties agree on the relevant details and there are no complications.

However, obtaining legal advice can be invaluable where children, property, superannuation, businesses, trusts or family violence concerns are involved. Even when matters appear amicable, understanding your legal position before making decisions can help avoid costly mistakes later.

A family lawyer's role extends well beyond appearing in court. Much of our work involves helping clients understand their options, providing practical advice, negotiating outcomes, preparing documents and ensuring agreements are properly formalised.

Where a property settlement has been reached, it is important to ensure the agreement is legally binding and properly documented. Depending on the circumstances, this may be done through consent orders or, in some cases, a binding financial agreement.

Legal assistance does not always have to involve lengthy court proceedings. Early advice and fixed-fee services can often make the process feel clearer, more manageable and far less overwhelming.

3. How long does family law or divorce take in Australia?

One of the first questions many people ask after separation is how long everything is likely to take. Unfortunately there is no single answer as every family's circumstances are different.

If you are applying for a divorce, you must generally have been separated for at least 12 months before filing an application. Once filed, a straightforward divorce is often a relatively administrative process. Timeframes can vary depending on Court workloads and individual circumstances.

Property matters can often be resolved much more quickly when both parties provide financial information early, obtain any necessary valuations and engage constructively in negotiations. Where agreement is reached, the settlement can usually be formalised without the need for a final Court hearing.

More complex matters involving businesses, trusts, disputes about property values, incomplete disclosure or disagreements about contributions can take considerably longer to resolve.

Parenting matters also vary significantly. Some families are able to reach agreement through discussions or mediation, while others may require interim arrangements, expert assessments or Court involvement before a final outcome can be achieved.

As a general guide:

An uncontested divorce may be finalised within a few months of filing.

A negotiated property settlement may take several months, depending on the complexity of the financial circumstances.

More complex parenting or property disputes can take much longer.

It is also important to be aware of the relevant time limits. In most cases, married couples have 12 months from the date their divorce becomes final to commence property settlement proceedings, while de facto couples generally have two years from the date of separation.

4. What are the new family law changes in Australia in 2025?

Family law has undergone significant reform in recent years, and many people navigating separation are understandably unsure about what has changed and how those changes may affect them.

The reforms place a stronger focus on the practical realities many families experience after separation, particularly where there has been family violence, financial control or an imbalance of power within the relationship.

One of the most significant developments is the increased recognition of the financial impact of family violence. Economic abuse is now more clearly acknowledged within the family law system. This can include controlling access to money, preventing a partner from working, creating debts in another person's name, or withholding important financial information.

The law also reinforces the importance of full financial disclosure. Parties involved in a property settlement are expected to be transparent about their financial circumstances, including income, assets, liabilities, superannuation interests, companies, trusts and other financial resources.

Another area that has attracted considerable attention is the treatment of companion animals following separation. The Court now has clearer powers to make orders regarding pets, including considering who has cared for the animal and what arrangement is most appropriate in the circumstances.

For parents, significant changes also commenced in 2024. These reforms removed the previous presumption of equal shared parental responsibility and place a stronger emphasis on children's safety, wellbeing and best interests when parenting arrangements are being determined.

While the legislation has evolved, the underlying objective remains the same: to help families move through separation in a way that is fair, practical and focused on achieving outcomes that reflect their individual circumstances.