Caring for Children is a Contribution – and the Court Says it Must be Properly Recognised

What is 13 years of raising two children worth when a relationship ends?

A recent Family Court appeal provides an important reminder that contributions to a relationship are not measured simply by who earned the money or brought the assets into the relationship.

In Tiang & Pen [2026] FedCFamC1A 121, the parties had two children, aged 13 and 12, but had lived together in a de facto relationship for only approximately three years and eight months.

The father had brought overwhelmingly all of the financial assets into the relationship. The property pool was substantial – approximately $3.48 million – and the mother had made no significant financial contribution.

But she had made a very different contribution.

For approximately 13 years, she had been the children’s primary carer, undertaking the substantial majority of the parenting responsibilities. Following separation, the children continued to live with her, with the father having little involvement in their day-to-day care.

At the original hearing, the mother was assessed as having made only 2% of the parties’ contributions. After an additional 8.5% adjustment for her future circumstances, she received 10.5% overall.

She appealed.

The appeal court found that the 2% assessment was plainly wrong. It failed to give proper recognition to the substantial parenting contribution the mother had made over the children’s lives.

Importantly, the Court made clear that contributions should not simply be assessed by looking at the relatively short period during which the parties actually lived together. They must be considered holistically over the entirety of the relationship.

The mother’s contribution-based entitlement was reassessed from 2% to 16.5%. With the 8.5% adjustment for future circumstances remaining, the ultimate division became:

75% to the father and 25% to the mother.

That is a striking difference.

Parenting is not a “token” contribution

This decision sends an important message to parents who may feel financially vulnerable following separation.

One party may have earned most of the income, owned the business, accumulated the investments or brought substantial property into a relationship. That does not mean the other party’s years spent raising children, maintaining the household and assuming primary responsibility for family life have little value.

Financial contributions matter – but so does the work of raising a family.

Every family law property matter turns on its own facts. However, Tiang & Pen is an important reminder that when property is divided following separation, the Court must properly recognise the contribution made by the parent who has carried the substantial responsibility for raising the children.

If you would like to discuss your separation matter with one of our experienced team of Solicitors, contact Solari & Stock today. Speak with a member of our experienced Family Law Team on 8525 2700, or click here to request an appointment.

Article by Riccarda Stock
Photo by K. Allenby