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It is an agreement signed by you and your spouse, either before or during your marriage, which sets out what is to happen to your property if you separate. It will be binding on all the parties if the formal requirements of the law are complied with.
Generally, the party with the children is entitled to an additional proportion of the property because they have the added cost of providing for the children on a day to day basis. The amount of this extra allowance depends on a wide range of factors.
Superannuation is like any other property. It will be divided between the parties as they agree or as the court thinks fit. The court has power to split superannuation of one party between both parties.
Spouses, children and dependants can challenge your will after your death if you had a moral obligation to provide for them and failed to do so in circumstances where they had a financial need.
Certainly, if you are able to reach an agreement to that effect with your spouse. If you can't reach agreement, the court will only on rare occasions order equal residency.
The court will usually regard the inheritance or gift received by one party during the relationship as property to which the other party has made no contribution, and accordingly the receiving party will usually receive credit for that contribution when determining how the property is divided.
You can ensure you have an accurate will, AND you can enter into an agreement with your new (second or subsequent) spouse commonly called a "pre-nuptial agreement", AND you can take care how you hold the title of any assets to ensure they pass in the manner you wish, AND you can manage how your superannuation death benefit is to be paid.
In short, no. If you fail to disclose assets, then any agreement reached, or court orders made, can be unwound if the non-disclosure is discovered.
You may be able to keep living in the house until you reach agreement with your spouse on the sale of the property and division of the proceeds. Alternatively, you can keep living in the house if you reach agreement with your spouse and buy out his/her interest in the property.
Unless there are allegations of abuse or violence, you cannot be stopped from seeing your child. The court will always find that it is in a child's interest to have quality contact with both its parents.
