Many Australians don't realise that de facto relationships (including same-sex) create the same property rights as marriage after just 2 years. Moving in together, sharing finances, or having a child can trigger legal obligations. Your partner may be entitled to a share of assets you brought into the relationship.

After divorce, you have only 12 months to file a property settlement application with the court. For de facto relationships, the limit is 2 years from separation. After this deadline, you need special leave from the court, which is difficult to obtain. Many people miss this deadline and lose their rights entirely.

Many separating couples make verbal agreements about property, children, or finances. These are not legally enforceable. Without a Consent Order or Binding Financial Agreement, your ex-partner can change their mind at any time. Even written agreements that aren't properly executed are often unenforceable.

Everything you post on social media can be used as evidence in family law proceedings. Photos of holidays, new purchases, or lifestyle can undermine claims of financial hardship. Angry posts about your ex can affect parenting assessments. Even 'private' messages can be subpoenaed.

Both parties have a legal duty of full and frank financial disclosure. However, many people attempt to hide assets through trusts, company structures, cryptocurrency, overseas accounts, or transferring assets to family members. If caught, the consequences are severe — including adverse inferences and cost orders.

Many parents assume they will automatically get 50/50 time with their children. The law provides for equal shared parental RESPONSIBILITY (decision-making), not equal time. The court considers what arrangement is in the child's best interests, which may or may not be equal time. Factors include the child's age, practical arrangements, and each parent's capacity.

Binding Financial Agreements (prenups/postnups) can be set aside if both parties did not receive independent legal advice, or if the advice was inadequate. Many BFAs have been overturned because the legal advice certificate was deficient. This means the agreement you relied on may be worthless.

Superannuation is often the second-largest asset after the family home, yet many people overlook it in property settlements. Super can be split between parties and must be included in the asset pool. Failing to claim your share of your ex's super can mean losing tens or hundreds of thousands of dollars.

Many people believe that moving out of the family home means giving up their claim to it. This is NOT true — you retain your property rights regardless of who lives in the home. However, moving out can affect parenting arrangements and may make it harder to return. It can also create financial pressure if you're paying rent elsewhere while still contributing to the mortgage.

Property transfers between spouses as part of a family law settlement are generally exempt from stamp duty and CGT. However, this only applies if the transfer is pursuant to a court order or BFA. Informal transfers may trigger significant tax liabilities. Additionally, the receiving party inherits the original cost base for CGT purposes.