What is my partner entitled to if we split?

In Australia, the division of assets and financial support after a relationship breakdown (whether marriage or de facto) is governed by the Family Law Act 1975 (Cth) for most of the country, except for Western Australia, which has its own Family Court system but largely follows similar principles.

When a couple splits, the following are typically considered:

Division of Property and Assets: This includes the division of all assets owned by both partners, either jointly or individually. Assets include real estate, investments, superannuation, and personal property. Debts are also considered. The division is based on a range of factors, including but not limited to:

• The financial contributions made by each party (income, property brought into the relationship, etc.).
• Non-financial contributions (such as physical labour towards the improvement of matrimonial property)
• Contributions to the welfare of the family (such as homemaking and parenting).
• The future needs of each party (age, health, financial resources, care of children).

Spousal Maintenance: One partner may be required to provide financial support to the other after separation, especially if there's a significant discrepancy in earning capacities, and one partner cannot meet their own reasonable expenses. This is assessed based on the needs of the applicant and the other party's capacity to pay.

Child Support: If there are children involved, both parents have a duty to support their children financially. The amount of child support is determined by a formula that considers the parents' incomes, the number of children, and the time children spend with each parent. Services Australia (Child Support) manages this process.

The process can be resolved in several ways:

Mutual Agreement: Couples can agree on the division of assets without going to court. This agreement can then be formalised by the court through consent orders, or they can enter into a binding financial agreement following specific legal guidelines.

Mediation or Family Dispute Resolution: This is a required step before court proceedings, where a neutral third party helps facilitate an agreement. In some cases, parties are not required to attend dispute resolution, for example if there are significant issues of family violence, or if one party would be disadvantaged by the need to attend mediation. 

Court Proceedings: If an agreement can't be reached, the matter can be taken to court, where a judge will decide based on the principles outlined above.

It's essential to seek legal advice specific to your situation, as the outcome can vary greatly depending on individual circumstances. Family law can be complex, and each case is unique.

Do you need family law advice? Kells has a specialised team of experienced dedicated family lawyers conveniently located throughout Sydney and the Illawarra.

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