Hi All,
I’ve been granted Legal Aid through the Legal Services Commission of South Australia to assist with pre-action procedures and an FDR conference for property and parenting matters. I’m very grateful for this support, but I’m concerned that some of the advice from my appointed lawyer contradicts advice I’ve previously received and could significantly affect the outcome.
I have a follow-up appointment tomorrow (7/5/26) and am still feeling underprepared. I would really value informed perspectives so I can understand what is realistic, ask the right questions and advocate for myself.
I used AI to condense my very dense Statement of Instructions but feel free to ask for more context if needed.
Many thanks in advance.
Background
1. Asset Pool – Inclusion of Post-Separation Property
My ex purchased a property after separation using funds derived from the relationship (50% share of profits from the former home, undisclosed super).
Is it standard practice in Australian family law (SA) to include post-separation assets in the pool where they were acquired using relationship property?
Would excluding it be unusual or potentially incorrect?
2. Contributions Assessment (Baseline Percentage)
My lawyer assessed contributions at 55% in my favour.
This feels low to me given:
My lawyer suggested a 5–15% adjustment, leading to ~65–70% total. propertysplitcalculator.com.au recommended an 11.6% adjustment (Total of 82.8% in my favour) so this seems reasonable to me but neither have addressed the impact of Family Violence.
4. Family Violence Impact
I experienced significant family and domestic violence including sexual violence, coercive control, psychological, financial abuse, and ongoing systems abuse resulting in the delay of 5 years from time of separation to division of assets.
My lawyer advised that because there was no permanent physical injury, family violence would not affect the property settlement.
Question:
Is this correct under current law?
My understanding was that more recent legal developments allow broader consideration of the impacts of family violence on contributions and future needs. Without going into detail, I can say with conviction that the impacts of the family violence I experienced are profound and likely life-long.
5. Practical Outcome / Fairness
When the jointly owned family home was sold (2 years after separation) we each received 50% of the profits = $189,000. My ex also kept possession of the family car, all whitegoods, furniture, home theatre, gaming, home office, musical and sports equipment and miscellaneous household items.
After 20 years my focus was just to leave so I didn’t fight anything, didn’t demand we engage lawyers and accepted far less than I should have.
My ex managed all of our finances, and I had no idea how much they earned, or how much super they had at the end of cohabitation. I estimated that they had around 60k in super and only recently discovered that they have actually have $125,000. I have $29,300.
At the end of cohabitation I estimate I received around $224,000 less than I may have been entitled to. Due to my own and my son’s disabilities, family tragedy (both my parents died of cancer in 2024 and I became sole carer of my 90-year old grandmother) and ongoing impacts of FSDV I have only just accessed legal support.
Question:
Can the court take into account that one party left the relationship with a disproportionate share of assets when determining a later property settlement?
6. Process / Dealing with My Lawyer
I’m concerned about discrepancies between:
I’m not expecting exact percentages — just trying to understand whether the advice I’ve been given is within a normal/legal range, or if I should be pushing harder for reconsideration.
I appreciate any insights, particularly from those familiar with South Australian family law.
I’ve been granted Legal Aid through the Legal Services Commission of South Australia to assist with pre-action procedures and an FDR conference for property and parenting matters. I’m very grateful for this support, but I’m concerned that some of the advice from my appointed lawyer contradicts advice I’ve previously received and could significantly affect the outcome.
I have a follow-up appointment tomorrow (7/5/26) and am still feeling underprepared. I would really value informed perspectives so I can understand what is realistic, ask the right questions and advocate for myself.
I used AI to condense my very dense Statement of Instructions but feel free to ask for more context if needed.
Many thanks in advance.
Background
- Relationship length: 18 years. I was 18 at commencement ex was 26.
- Cohabitation: 2005–May 2023 (separated June 2021 but remained living together as ex-spouse would not agree to buy me out/sell)
- Divorce finalised: March 2025. Will need to apply for extension/exemption as ex would not engage with verbal or written requests to commence proceedings.
- 1 child (born 2016) with significant disabilities
- My income: ~$21k
- Ex-spouse income: ~$80k
- I made ~85–90% of homemaker and parenting contributions (including disability specific care).
- ~50% regular ongoing financial contributions overall; equal mortgage/utilities/home maintenance + all pet, child and grocery expenses 2015–2023.
- My average income was 26k p/y over 18 years. Ex’s average income was 39k p/y but they spent 5-15k per year on own hobbies whereas my entire income went to family.
- I paid ~90% of child-related costs
- My family contributed ~$280k (housing, utilties, $45k cash, car etc between 2005-2015) + ~$15k in 2022.
- I and my family/friends contributed substantial unpaid labour to property improvements (~$70k estimate)
- Ex inherited ~$70k (share of a property) in 2015
- Family home sold in May 2023; we each received ~$189k
- Ex retained car, all furniture and whitegoods, most other household contents
- Ex purchased a new property immediately after settlement (now ~ $366k net equity)
- I was unable to re-enter the property market due to career sacrifices I made to care for our child. I and experienced 6 months of housing instability before moving into my 90-year old grandmother’s property and becoming her full-time carer.
- I have significant disabilities and inherited health issues impacting my earning capacity
- Ongoing care responsibilities
- Funds from settlement largely exhausted on vehicle, whitegoods, living/medical costs and essential repairs to grandmother’s property.
- I had to relinquish custody of my son in mid-2025 as my grandmother’s behaviours related to Alzheimer’s disease became unsafe for him to be around; safety issues with my grandmother’s property worsened (currently no kitchen, laundry or bathroom) and my upcoming surgery meant I could not care for him while in recovery.
- My grandmother is now in residential care, and I remain living in her property as a “protected person.” Funds from settlement are required to make the house safe again so I can regain 65-70% custody of my son.
1. Asset Pool – Inclusion of Post-Separation Property
My ex purchased a property after separation using funds derived from the relationship (50% share of profits from the former home, undisclosed super).
- My Legal Aid lawyer advised this property should not be included in the asset pool.
- Three other lawyers previously indicated it should be included.
Is it standard practice in Australian family law (SA) to include post-separation assets in the pool where they were acquired using relationship property?
Would excluding it be unusual or potentially incorrect?
2. Contributions Assessment (Baseline Percentage)
My lawyer assessed contributions at 55% in my favour.
This feels low to me given:
- My significantly higher non-financial contributions
- My equal financial contributions
- My family’s substantial financial support
- My lower income and greater child-related costs
- Is ~55% a typical starting point in cases like this, or does it seem conservative?
- How are large family contributions (financial and labour) usually treated — initial contributions, or otherwise?
- When I put this data into propertysplitcalculator.com.au the contribution-based estimate was 71.2% in my favour which feels much more reasonable and reflective of our respective contributions. Is there a basis to argue for a higher contributions percentage (e.g. closer to 70%?)
My lawyer suggested a 5–15% adjustment, leading to ~65–70% total. propertysplitcalculator.com.au recommended an 11.6% adjustment (Total of 82.8% in my favour) so this seems reasonable to me but neither have addressed the impact of Family Violence.
4. Family Violence Impact
I experienced significant family and domestic violence including sexual violence, coercive control, psychological, financial abuse, and ongoing systems abuse resulting in the delay of 5 years from time of separation to division of assets.
My lawyer advised that because there was no permanent physical injury, family violence would not affect the property settlement.
Question:
Is this correct under current law?
My understanding was that more recent legal developments allow broader consideration of the impacts of family violence on contributions and future needs. Without going into detail, I can say with conviction that the impacts of the family violence I experienced are profound and likely life-long.
5. Practical Outcome / Fairness
When the jointly owned family home was sold (2 years after separation) we each received 50% of the profits = $189,000. My ex also kept possession of the family car, all whitegoods, furniture, home theatre, gaming, home office, musical and sports equipment and miscellaneous household items.
After 20 years my focus was just to leave so I didn’t fight anything, didn’t demand we engage lawyers and accepted far less than I should have.
My ex managed all of our finances, and I had no idea how much they earned, or how much super they had at the end of cohabitation. I estimated that they had around 60k in super and only recently discovered that they have actually have $125,000. I have $29,300.
At the end of cohabitation I estimate I received around $224,000 less than I may have been entitled to. Due to my own and my son’s disabilities, family tragedy (both my parents died of cancer in 2024 and I became sole carer of my 90-year old grandmother) and ongoing impacts of FSDV I have only just accessed legal support.
Question:
Can the court take into account that one party left the relationship with a disproportionate share of assets when determining a later property settlement?
6. Process / Dealing with My Lawyer
I’m concerned about discrepancies between:
- My instructions
- The draft documents prepared
- Advice received from Community Justice Services SA lawyer, a private Family Lawyer (I could not afford their legal fees), and the LSC Family Advocacy and Support Services (FASS) Duty Lawyer. All three of these lawyers indicated that my ex-spouse’s property should be included in the net Asset Pool. Their advice also seems to align with the guidelines at Step One of the Law Handbook of SA Dividing property and other general Australian legal advice websites I have looked at.
- How should I approach requesting a reassessment or clarification without jeopardising my Legal Aid support?
- Is it reasonable to ask for detailed reasoning behind their percentage assessments and asset pool decisions?
I’m not expecting exact percentages — just trying to understand whether the advice I’ve been given is within a normal/legal range, or if I should be pushing harder for reconsideration.
I appreciate any insights, particularly from those familiar with South Australian family law.