Dividing property after separation: the basics

One of the biggest myths in family law is that property is always split down the middle. It isn't.

The four-step approach

A court usually:

1. Values the asset pool — property, super, debts.
2. Looks at contributions — financial (income, deposits) and non-financial (as a parent or homemaker).
3. Considers future needs — age, health, income, care of children.
4. Decides what is just and equitable.

Why 50/50 is not guaranteed

A stay-at-home parent's contributions count. So does a much higher future earning capacity of one party. The result depends on the whole picture.

Practical tip

Settle where you can. Most matters resolve by agreement, recorded as a consent order, which is cheaper and more predictable than litigation.

Ask the assistant to outline the steps for your situation, then get advice from a family lawyer before you sign anything.