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Family Law for Separation, Parenting and Property

Terra Australis Legal assists clients with family law issues arising from separation, divorce, parenting arrangements and property settlement — with as little time in court as the matter allows.

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Australian property settlements are not divided 50/50 by default. Since 10 June 2025 the Family Law Act sets out the process in statute: identify the parties’ interests, assess contributions, consider current and future circumstances — including the economic effect of family violence — and ask whether the outcome is just and equitable.

Two questions: the children, and the money.

Almost every separation reduces to those two questions, and they are resolved on different tests. Parenting is decided on what is in the best interests of the children. Property is a four-step exercise: identify the pool, assess contributions, assess future needs, and ask whether the result is just and equitable. It is not a 50/50 split by default.

Most matters can be settled by negotiation, family dispute resolution or consent orders — which is faster, cheaper and considerably less corrosive than litigation. Where the other side will not engage, or where there are safety concerns, we file and run the application.

Matters we act in
Separation advice and divorce applications
Parenting arrangements and parenting plans
Consent orders
Parenting applications in the Federal Circuit and Family Court
Relocation and recovery applications
Property settlement and asset pools
Financial disclosure and valuations
Superannuation splitting
De facto relationship claims
Spousal maintenance
Binding financial agreements
Mediation and family dispute resolution
How a matter usually runs
01

Where you stand

An assessment of the likely range of outcomes on both parenting and property, based on your actual circumstances.

02

Disclosure

Full and frank financial disclosure from both sides. Settlements built on incomplete disclosure do not hold.

03

Negotiation or mediation

A written offer, then family dispute resolution. Most matters end here, and they end faster and cheaper for it.

04

Consent orders, or court

We formalise agreement through consent orders. If agreement is not possible, we file and appear.

Family law guides

Detailed guides on the questions we are asked most.

Common questions

Straight answers to what we are asked most.

Is property always divided fifty-fifty?

No. There is no presumption of equal division. The court identifies the property and liabilities, assesses each person’s contributions including non-financial ones such as parenting and homemaking, considers each person’s current and future circumstances, and asks whether the result is just and equitable. An equal split is a common outcome, not a starting point.

How long do I have to sort out property after separation?

Generally twelve months from the date a divorce order takes effect, or two years from the end of a de facto relationship. Applying outside those periods requires the court’s permission, which is not granted as a matter of course. The de facto deadline is the one most often missed, because there is no divorce order to mark the date.

Do children have to spend equal time with each parent?

No, and they never did. Amendments that commenced on 6 May 2024 removed the presumption of equal shared parental responsibility and the requirement to consider equal time. Arrangements are decided by what is in the child’s best interests, assessed against a shorter list of considerations in which safety comes first.

Do we have to go to court?

Usually not. Most family law matters resolve by negotiation or mediation, and before applying for parenting orders you generally must attempt family dispute resolution and obtain a certificate. An agreement can then be recorded as consent orders, which are made by the court and are enforceable.

Get in touch

Talk to a lawyer, not a call centre.

Tell us what has happened and we will tell you plainly where you stand, what it is likely to cost, and what the next step is.

Free call
1300 165 767
Post
PO Box 386, Kenmore QLD 4069