In Australian family law separations involving property or financial disputes, there is no automatic right to 50% of the net asset pool and there is no mathematical formula or standard entitlement for either spouse. A property settlement depends on the circumstances of the relationship, and must produce an outcome that is just and equitable, or in other words, it must be fair in the circumstances of the relationship.

Financial abuse is a form of family violence where one partner controls money to limit the independence and autonomy of the other, before or after separation. It is now recognised under the Family Law Act and its perpetration can impact court outcomes.

In family law, if an asset’s value is not agreed then expert valuation is key because accurate figures shape negotiations and guide the Court when it makes determinations.

Major changes to the Family Law Act are taking effect from June 2025. This includes redefining and expanding the considerations in determining a property settlement, such as the addition of economic and financial abuse, loans or liabilities, and future housing needs. Companion animals are now also recognised under the Family Law Act.