William Gang Wang · Herald Legal · Updated 29 October 2026
1. Does divorce mean that assets are divided equally?
No. Australian family law does not require every couple’s property to be divided 50/50. The court identifies property and liabilities, assesses financial and non-financial contributions, considers the parties’ current and future circumstances, and determines whether the proposed adjustment is just and equitable overall. The outcome depends on the evidence and circumstances.
2. How is the economic impact of family violence considered?
The reforms expressly recognise the economic effects of family violence where relevant. Financial control, restricting a partner’s ability to work or limiting access to money may affect that person’s capacity to contribute or their financial circumstances after separation. An allegation of family violence does not automatically result in a fixed additional percentage of property.
3. What happens if a party hides assets or refuses financial disclosure?
Financial disclosure is an important continuing obligation. Parties should disclose relevant information about bank accounts, loans, real estate, companies, trusts, superannuation and overseas assets. The 2025 reforms placed relevant financial disclosure duties in the Family Law Act itself. Non-compliance may result in costs orders, procedural sanctions and other serious consequences.
4. Are there special rules for family pets?
Yes. The law provides a specific framework for animals meeting the definition of a companion animal. The court may consider the parties’ ability to care for the animal, the attachment of parties and children to it, and any abuse or threats. The court can make permitted ownership orders but cannot order joint ownership or shared-care arrangements for the animal.
5. How are real estate, companies, trusts and overseas assets dealt with?
The parties’ actual legal and beneficial interests must be identified, with valuations, liabilities and relevant transactions checked before deciding which interests may be dealt with. Businesses, family trusts and overseas assets often require additional documents, valuations and cross-border legal analysis. Registration in one person’s name does not necessarily determine the ultimate division.
6. How should you prepare for property settlement negotiations?
Prepare an asset-and-liability schedule, financial records, income information, parenting arrangements, evidence of contributions before and during the relationship, and independent valuations where appropriate. Negotiation and mediation may resolve disputes. Binding arrangements may be made through Consent Orders or, where statutory requirements are met, a Binding Financial Agreement.
7. Are there time limits after divorce or the breakdown of a de facto relationship?
Married parties generally must apply for property settlement or spousal maintenance within 12 months after a divorce order takes effect. Eligible de facto partners generally have two years from relationship breakdown. An application outside those periods may require leave of the court. Different arrangements may apply in some jurisdictions, particularly Western Australian de facto matters. The 12-month separation requirement for divorce is different from the 12-month period after divorce for a property application.
8. Do the reforms apply to proceedings already underway?
The transitional provisions are not identical for every reform. The main property framework generally applies to proceedings commenced on or after 10 June 2025 and to certain earlier proceedings not finally determined, subject to exceptions where a final hearing had already begun. Financial disclosure and other changes have their own transitional rules. Existing final property orders are not automatically changed by the reforms.
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