The Most Common Family Law Questions We Hear (And the Answers You Need)
When a relationship breaks down, it can feel like your whole world has been turned upside down.
There are so many questions. So much uncertainty. And often, well-meaning family and friends offer advice that may not actually apply to your situation.
The truth is, every family is different.
At Renee Roumanos Legal, we believe family law isn't just about legislation and court documents—it's about people, children, homes, finances and helping you move forward with clarity and confidence.
Here are some of the most common family law questions we hear every day.
1. Do I need a lawyer as soon as we separate?
Not always—but obtaining legal advice early can make a significant difference.
Many people wait until a dispute has escalated before speaking with a lawyer. By then, important decisions may already have been made, deadlines may have passed, or communication may have broken down.
An early conversation allows you to:
Understand your legal rights and obligations.
Avoid common mistakes.
Learn what information you should gather.
Develop a practical strategy from the outset.
Make informed decisions rather than emotional ones.
Often, one conversation can provide clarity and reduce a great deal of stress.
2. Who gets the house after separation?
There is no automatic rule.
Many people believe that one person "gets the house" because they purchased it, paid the mortgage or because the children live there.
In Australia, property settlements are determined by considering a range of factors, including:
The assets and liabilities of both parties.
Financial contributions.
Non-financial contributions.
Contributions as a homemaker or parent.
Future needs of each party.
Whether the proposed outcome is just and equitable.
Every family's circumstances are unique.
3. What happens to our children?
The Family Law Act focuses on one thing above everything else:
What is in the best interests of the child?
The law encourages parents to work together to make arrangements that support their children's wellbeing.
This may include:
Where the children live.
Time spent with each parent.
Schooling.
Medical decisions.
Holidays.
Communication.
Every parenting arrangement should be tailored to the individual needs of the children involved.
4. Do we have to go to court?
In many cases, no.
Most family law matters resolve through negotiation, mediation or agreement.
Court is generally considered a last resort when parties are unable to resolve their dispute.
With the right legal advice and a willingness to negotiate, many families are able to reach practical solutions without lengthy court proceedings.
5. What if we were never married?
You may still have legal rights.
Many people are surprised to learn that de facto couples can have similar rights to married couples when it comes to property settlements and financial matters.
Whether your relationship meets the legal definition of a de facto relationship will depend on your circumstances.
6. How long do I have to finalise a property settlement?
Time limits apply.
Generally:
Married couples have 12 months after their divorce becomes final to commence property settlement proceedings.
De facto couples generally have two years from the date of separation.
If these time limits have passed, obtaining legal advice promptly is important, as special permission from the Court may be required.
7. Do I have to move out of the family home?
Not necessarily.
Every situation is different.
Some couples continue living under the same roof after separation for financial or parenting reasons.
Others decide that one party should move out.
Before making any significant decisions, it's worthwhile obtaining legal advice about your particular circumstances.
8. What if my former partner won't communicate?
Unfortunately, this is quite common.
Communication often becomes difficult following separation.
A lawyer can assist by:
Communicating on your behalf.
Providing practical legal advice.
Helping negotiate agreements.
Assisting with mediation.
Preparing formal documents where required.
Having professional guidance can often reduce conflict and help discussions remain focused on practical outcomes.
9. Will everything be split 50/50?
Not necessarily.
There is no automatic 50/50 rule under Australian family law.
Every property settlement is assessed on its own facts.
The outcome depends on a range of factors, including each person's contributions and future needs.
This is why obtaining tailored legal advice is so important.
10. What should I bring to my first appointment?
The more information you can provide, the more tailored our advice can be.
Helpful documents may include:
Details of your assets and liabilities.
Mortgage information.
Superannuation balances.
Bank statements.
Tax returns.
Details regarding your children.
Any existing agreements or court orders.
A timeline of significant events.
Don't worry if you don't have everything.
We'll guide you through the process.
The first meeting isn't about fighting.
One of the biggest misconceptions about family lawyers is that our job is to create conflict.
At Renee Roumanos Legal, we see things differently.
Our role is to provide clarity.
To explain your rights.
To answer your questions.
To develop a strategy that protects your future while keeping your goals at the centre of every decision.
Whether your matter resolves through negotiation, mediation or court, our focus is on helping you move forward with confidence.
Start with a conversation.
If you're separating, worried about your children, unsure about your financial position or simply don't know where to begin, you don't have to work it out alone.
Our experienced family law team will take the time to understand your circumstances, explain the law in plain English and help you navigate the next chapter with confidence.
Contact Renee Roumanos Legal today to book your family law consultation. Sometimes, one conversation is all it takes to bring clarity to an overwhelming situation.
