The family home is part of the overall settlement. Whether either of you can keep it, or it is sold and the net proceeds divided, depends on all the property available for division, each person’s financial and non-financial contributions during the relationship and after separation, and each person’s future needs. Contributions are not limited to the home. Other relevant factors can include the effects of family violence.

There’s no automatic 50/50 split in Australia. The outcome is what’s just and equitable in your circumstances.

Not necessarily. Parenting and property disputes can often be resolved through negotiation or mediation without a contested hearing. An agreement may still need court approval if it is being formalised through consent orders, but that can usually be done without attending court. If agreement is not possible, or urgent protection is needed, court proceedings may be appropriate. Our what to expect page explains the steps after an initial appointment.

There is no rule that children live with one parent over the other, or that their time must be divided equally. The children’s best interests come first, including their safety, needs and views, and relationships with parents and other important people where those relationships are safe. Practical matters such as school, travel and each parent’s ability to provide care also need attention. Our parenting guide explains how arrangements can be worked out and recorded.