Case study · Short relationships

Under three years, a toddler, and his house bought before they met

15% to her, 85% to himFederal Circuit and Family Court of Australia (Division 2) · 24 December 2025
Together
Under 3 years, de facto
Children
One, aged 3
Net pool
About $924,000
Split
15% her / 85% him
Seen from behind, a young mother carrying a toddler and holding an older boy's hand walks towards rental townhouses, with packed boxes at the kerb.

Ms Camden and Mr Westing had an on-and-off de facto relationship that lasted at most two years and seven months, with breaks, before they separated in May 2022. They had a daughter, who was three at the hearing and lived with her mother, as did Ms Camden's older son. She was 26 and not in paid work. He was 35 and a tradesperson. Before the relationship began he had bought a house, and part of a second one with his family.

She asked for half of everything, including his super, plus a further 20% in place of spousal maintenance and 10% because, she said, family violence had made her contributions harder. She also sought lump sums for her own maintenance and for the children. He offered 15% of the pool in cash.

Judge Obradovic found a net pool of $924,171, including his house, his super and his share of the sale of the second property. The judge did not find her family violence allegations proven. She had been the main carer and homemaker, and he had been the main earner and a father figure to her son. But he brought in both properties and kept paying for his house before, during and after the relationship. After they separated she stayed for about a year in the house they had rented from him and his family, without paying rent. The judge assessed contributions at 5% to her and 95% to him.

The judge then looked forward. Both were young, but he had a much greater earning capacity, and she would keep caring for their daughter, had struggled to find housing and had little support. That justified a further 10% to her for future needs, a total of 15%, the share he had offered.

He was ordered to pay her $136,000 within 60 days, rounded up from $132,090 after allowing for $6,535 he had already paid. He kept his house, its mortgage and all his super. Her other claims for maintenance and lump sums were refused.

What it means for you

In a short relationship, assets one partner owned before it began usually stay largely with that person. But the parent who will care for a young child and earns much less can still receive a real future-needs adjustment.

The judge noted that the hearing began before the property amendments to the Family Law Act 1975 (Cth) commenced on 10 June 2025, and applied the long-standing approach set out in Stanford v Stanford. Under the amended Act, current and future circumstances, including the care of children and earning capacity, remain part of the assessment.

A published decision of the Federal Circuit and Family Court of Australia (Division 2), retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information about Australian family law, not legal advice about your situation.

Fixed price · real family lawyers

Sort out your own property split.

Agreed on a split? Make it binding with consent orders. Call 1300 967 552, or get an instant quote online.

More case studies

Short relationships