What's the deal with relationship property? How's it usually split up after a long time together?
Generally speaking, after being in a relationship (like marriage or de facto for over three years), the Property (Relationships) Act 1976 kicks in. The default position is a 50/50 split of relationship property. This includes the family home, chattels (like furniture and appliances), vehicles, bank accounts, and even superannuation built up during the relationship. There can be exceptions though, especially if one person owned significant assets before the relationship began or received an inheritance during it.

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We've got kids. What happens with their care arrangements when we split?
The paramount consideration is always the welfare and best interests of the children. Ideally, parents will agree on care arrangements, including who they live with and when the other parent has contact. If you can't agree, you might need to go to the Family Court for orders about guardianship, day-to-day care, and contact. The court will focus on what's best for the kids, taking into account their views depending on their age and maturity.

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I'm worried about money. Am I entitled to any ongoing financial support from my ex after we separate?
Possibly. If one partner has been financially dependent on the other during a long-term relationship, they might be entitled to spousal maintenance. This isn't automatic and depends on factors like the length of the relationship, the earning capacity of each person, and the standard of living during the relationship. It's usually intended to help the financially disadvantaged partner become self-sufficient.

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We're not married, but we've been together for ages. Do the same property rules apply to us as married couples?
Yep, pretty much. If you've been in a de facto relationship for three years or more, the Property (Relationships) Act generally applies in the same way as it does to married couples. There are some exceptions (espeically around Trusts), but for most long-term de facto relationships, the 50/50 split of relationship property is the starting point.

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My ex is refusing to let me see the kids. What can I do?
This is a serious issue. Your first step should be to try and communicate with your ex and reach an agreement. If that doesn't work, you can consider mediation. If mediation isn't successful, you can apply to the Family Court for parenting orders, which can specify things like contact arrangements. It's a good idea to get legal advice in this situation.

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What if my ex is hiding assets so they don't have to split them?
If you suspect your ex is hiding assets, you should definitely seek legal advice. Your lawyer can help you investigate and potentially apply to the court for orders to ensure full disclosure of all relationship property.

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How long do I have to sort out the property division after we separate? Is there a time limit?
Generally, you have three years from the date of separation if you were in a de facto relationship, or 12 months from the date your marriage was dissolved, to make an application to the court regarding relationship property. It's important not to delay seeking legal advice if you want to make a claim.

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Can we just make our own agreement about how to split things without going to court?
Absolutely! In fact, it's often the preferred way to resolve things. You can enter into a contracting out agreement (sometimes called a pre-nup if done before the relationship solidifies, or a separation agreement afterwards). For these agreements to be legally binding, both parties need to get independent legal advice and their lawyer needs to sign the agreement too (a homemade agreement may not be binding - especially if it is unfair or based on a misunderstanding of the law).

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I'm feeling really overwhelmed and don't know where to start. Who can I talk to for help?
The best first step is to get some legal advice from a family law specialist. They can explain your rights and obligations based on your specific situation. You can also look into mediation services, which can help you and your ex reach an agreement without going to court. There are also support services available for people going through separation. You can also make use of the Family Court Navigators who are experts in how the Family Court works.

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