Parenting and Property After Separation: Clearing the Confusion and Finding Practical Solutions

Family Law

Children & Parenting Arrangements, Property and Financial Settlements

At Dormer Stanhope, we guide clients through parenting and property matters following separation with a focus on clarity, fairness, and the well-being of all involved.

A common misconception is that equal shared parental responsibility means children must spend equal time with both parents. In reality, shared responsibility relates to decision-making, not time division. The law prioritises what is in the best interests of the child, not a formulaic 50/50 split.

Key factors the court and legal professionals consider include:

• The child’s relationship with each parent

• The capacity of each parent to meet the child’s needs

• The practicalities of shared care arrangements

• The impact on the child’s stability and routine

We work closely with clients to develop realistic and tailored parenting plans, minimising conflict and ensuring decisions are made with the child’s welfare front and centre.

Another widespread misunderstanding is that property settlements are automatically a 50/50 division. Australian family law does not assume equal distribution of assets, it seeks an outcome that is fair and equitable based on a number of factors, including:

• Financial and non-financial contributions by each party

• Future earning capacity

• Health, age, and caregiving responsibilities

• Sacrifices made during the relationship (e.g. career interruptions for child-rearing)

Our legal team assists clients in understanding their entitlements and negotiating settlements that reflect the unique circumstances of their family, not percentages.

We often find that clients come in with fixed ideas; like “it’s always 50/50”, which can increase tension or create unrealistic expectations. Our role is to dispel those myths early, helping clients engage in more constructive discussions and avoid unnecessary disputes.

Whether it’s about how much time a child should spend with each parent or how assets should be split, clarity and tailored legal guidance allow both parties to focus on outcomes that work.

While litigation is sometimes necessary, negotiation, mediation, and collaborative law are often better starting points. These processes offer:

• Lower legal costs

• Greater privacy

• Less emotional strain

• More control over the outcome

At Dormer Stanhope, we support clients in resolving disputes cooperatively wherever possible. If court proceedings become necessary, we’re prepared to represent your interests assertively and effectively.

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Misunderstandings about 50/50 parenting or asset splits can create conflict after separation. Get clear, realistic guidance from Dormer Stanhope to achieve fair outcomes for your family. Contact us for a confidential consultation.

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