Category Family Law

Separation and divorce are rarely just legal events. They may involve moving out of the family home, rearranging children’s routines, dealing with changes in income, and facing uncertainty about legal costs, living expenses and the future.

For many people, the difficulty is not that they do not need legal help. The difficulty is that they are concerned about how to pay for it. A person may need advice about their rights, assistance with disclosure, preparation for negotiations, mediation or court proceedings, but may delay seeking help because of short-term cash flow pressure.

In family law matters, costs may include legal fees, mediation fees, court filing fees, expert report fees, valuation fees and other expenses connected with separation. The likely cost of a matter will depend on many factors, including the issues in dispute, the complexity of the asset pool, the conduct of the other party, the extent of disclosure required, whether experts are needed, and whether the matter can be resolved by negotiation or mediation.

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This article was written by Jialin Liu Solicitor at W & G Lawyers.

After separation, one of the first things many people hear is: “Let us just split everything 50/50.”

It sounds fair. It sounds simple. And when a relationship has already left you emotionally exhausted, a half-half split can feel like the quickest way to end the argument. Some people want to avoid more conflict. Some worry about legal costs. Some simply want to settle, move out and start rebuilding their life.

But under Australian family law, property settlement after separation does not automatically start at 50/50. It is not decided simply by whose name is on the house, whose account the savings are in, or who paid the mortgage most often.

The real question is whether the proposed outcome is just and equitable in the circumstances of your relationship.

Sometimes, a 50/50 split may be appropriate. Sometimes, it only looks fair on the surface.

Before you sign any property agreement, the question is not whether other people usually split things equally. The question is whether this arrangement is fair for your family, your contributions, your children, your financial future and your legal position.

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This article was written by Nancy Wang Principal Solicitor at W & G Lawyers. 

It is one of the most common scenarios in Australian family wealth: parents lend money to an adult child to help buy a home, build a business, or get a foothold in the property market. Sometimes the loan is documented carefully. Sometimes a caveat is even lodged on the title. The family is satisfied that the money is “protected.”

Then the child’s marriage breaks down. The parents expect that their loan will be deducted from the property pool before the assets are divided, leaving more for their child (and, in their minds, less for the departing spouse). They are often shocked to discover that the Family Court treats the loan as if it does not exist.

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A Smarter Way to Protect and Pass on Wealth

A testamentary trust is one of the most effective estate-planning tools available for protecting assets, managing tax outcomes, and ensuring wealth is used as intended. When carefully structured, it offers flexibility, control, and long-term protection for beneficiaries across generations.

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Separation and divorce can be an emotionally charged time, especially when parents struggle to communicate or make joint decisions about their children. Even after parenting orders or agreements are made, disputes about day-to-day arrangements can continue to arise. That’s where a Parenting Coordinator can help.

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Lessons from the Estate of Raveica Negrean

At W & G Lawyers, we regularly assist clients with disputes arising from informally prepared or poorly worded wills. A recent decision involving the estate of Raveica Negrean provides an instructive example of how courts determine whether a clause in a will is legally binding or merely expresses a non-enforceable wish.

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From 10 June 2025, major changes to Australia’s Family Law Act 1975 will come into effect, impacting how property is divided after separation.

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Parental alienation is a serious issue in family law that can deeply affect both children and parents. When parents separate or divorce, children are often caught in the middle. In some cases, one parent may deliberately influence the child to reject the other parent without valid reason. This can lead to emotional harm, strained relationships, and legal complications.

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