Separation can bring a lot of uncertainty. You may be worried about where you will live, how you will manage financially, what will happen with your children, or whether you are making the right decisions to protect your future.

It is important to know that you have legal rights and options. Your former partner does not simply get to decide what happens to the children, the family home or your finances. Australian family law provides a framework for resolving these issues, taking into account the circumstances of your family and, where children are involved, their best interests.

Understanding your rights early can give you greater confidence to make informed decisions, protect what matters to you and work towards an outcome that allows you to move forward. This guide explains some of the key rights and responsibilities to understand when separating in NSW.

Do parents have equal rights to children after separation?

There is no automatic rule that children must spend equal time with each parent. When parenting arrangements are determined, the best interests of the child are the paramount consideration.

The factors the Court considers include:

• what arrangements would promote the safety of the child and people caring for the child
• any views expressed by the child
• the child’s developmental, psychological, emotional and cultural needs
• each proposed carer’s capacity to meet those needs
• the benefit to the child of relationships with parents and other significant people, where it is safe
• any other circumstances relevant to that particular child

Parents can often reach their own parenting arrangements without going to court. Depending on the circumstances, arrangements can be documented through a parenting plan or formalised through consent orders.

Am I entitled to half of the property after separation?

There is no automatic 50/50 rule for dividing property after separation. The family law system considers the property and liabilities of both parties and determines whether an adjustment is appropriate and, if so, what outcome would be just and equitable.

This can involve:

1. identifying the parties’ property, financial resources and liabilities
2. considering financial and non-financial contributions made by each person
3. considering contributions to the welfare of the family, including homemaking and parenting
4. considering each person’s current and future circumstances
5. determining whether the proposed outcome is just and equitable

Property can include the family home, investment properties, businesses, shares, savings, vehicles and other assets. Liabilities such as mortgages, personal loans, credit cards and tax debts can also be relevant. Importantly, an asset can be relevant to a property settlement even if it is registered in only one person’s name.

Our family lawyers in Sydney and Wagga Wagga can advise you on how these principles may apply to your property and financial circumstances.

Do I have rights to my former partner’s superannuation?

Superannuation is treated as property for family law purposes and can be taken into account when determining a property settlement. In appropriate cases, superannuation can be divided after separation through a superannuation splitting order or agreement. A superannuation split does not ordinarily mean that the recipient can immediately withdraw the money. The funds generally remain subject to Australia’s normal superannuation preservation and release rules.

Can I stay in the family home after separation?

Separation does not automatically determine who must leave the family home. The fact that the property is registered in one person’s name does not, by itself, resolve who may occupy the home while a family law matter is being dealt with.

In some circumstances, the Court can make an order about who occupies the property, including an order for one party to have sole use or occupation of the home.

This can be particularly important where there are safety concerns, family violence or significant conflict. Before voluntarily leaving the family home, it can be useful to obtain legal advice about the practical and legal implications. If there is an immediate safety risk, personal safety should take priority.

Can I receive financial support after separation?

You may be able to seek spousal maintenance after separation if you cannot adequately support yourself and your former spouse has the capacity to provide financial assistance. For eligible de facto relationships, similar provisions apply to de facto partner maintenance.

Spousal maintenance is not automatic. The Court considers the circumstances of both parties, including their income, expenses, capacity to work, care responsibilities and other relevant financial circumstances. Urgent maintenance orders may also be available in appropriate circumstances.

What are my rights to child support?

Child support is generally dealt with separately from parenting arrangements and property settlement. Depending on the circumstances, child support may be dealt with through an assessment administered by Services Australia or through a private child support agreement.

The amount of time a child spends with each parent can affect a child support assessment, but parenting arrangements should not be viewed simply as a mechanism for determining child support.

What if there is family violence or financial abuse?

Family violence can include physical violence, threats, coercive or controlling behaviour and certain forms of economic or financial abuse. If you or your children are at risk, there are legal mechanisms that may be available to protect you. In NSW, these can include an Apprehended Domestic Violence Order (ADVO). Family violence may also be highly relevant to parenting and property proceedings under the Family Law Act 1975 (Cth).

If there is immediate danger, contact 000. People experiencing domestic, family or sexual violence can also contact 1800RESPECT on 1800 737 732.

When should I speak to a family lawyer?

You do not have to wait until a dispute develops. Early legal advice can help you understand your rights, identify time limits and make informed decisions before positions become entrenched.

Legal advice can be particularly important where:

• there are significant assets, businesses, trusts or investments
• you suspect assets are being hidden or transferred
• there is family violence or financial abuse
• there is disagreement about where children should live
• one parent proposes relocating with the children
• you have been asked to sign a property agreement
• there are urgent financial or housing issues

Speak to Orman Solicitors about your rights

Understanding your legal position early can help you make informed decisions about your children, property and finances. Orman Solicitors advises clients in Sydney, Wagga Wagga and Regional NSW on separation, divorce, parenting arrangements and property settlements. Our Family Law Solicitors can explain how the law applies to your circumstances and help you identify practical options for resolving your matter.

If you would like advice about your circumstances, contact our family law team to book an initial consultation.

Read Next: Can You Use AI During a Family Law Matter?

Originally published: January 2025

Reviewed and updated: August 2026