Key takeaway: Australian law applies no fixed split. Courts and mediators follow a four-step process: identify the asset pool, assess contributions (financial and non-financial), consider future needs, and confirm the result is just and equitable. The outcome could be 50/50, 60/40, 70/30 or otherwise — it depends entirely on your circumstances.
Why there's no automatic 50/50
One of the most persistent myths about separation is that assets are simply halved. They are not. Australian family law, under the Family Law Act 1975, doesn't apply a fixed percentage. Instead it asks a broader question: what division is just and equitable given everything about this particular relationship? Depending on the facts, a fair result might be an even split, or it might be weighted 60/40 or 70/30 toward one party.
This is actually good news. It means your individual circumstances — what you contributed, what you'll need going forward — genuinely matter, rather than being flattened into a mechanical formula.
Want to know what a fair split looks like in your situation? Get a clear picture in a free initial consultation.
Book a free consultation →The four-step process explained
Both courts and mediators work through the same four-step framework to determine entitlements:
| Step | What happens |
|---|---|
| 1. Identify the asset pool | Establish everything owned and owed — jointly and individually. |
| 2. Assess contributions | Weigh financial and non-financial contributions by each party. |
| 3. Consider future needs | Account for earning capacity, age, health and care of children. |
| 4. Check it's just and equitable | Stand back and confirm the overall outcome is genuinely fair. |
In property settlement mediation, you work through each step openly with a neutral mediator — so your agreement reflects the very principles a court would apply, but is reached in weeks rather than years.
How contributions are assessed
Contributions fall into two categories, and crucially, both count:
- Financial contributions — income earned, assets brought into the relationship, inheritances, and money spent on property or improvements.
- Non-financial contributions — raising children, homemaking, renovations and unpaid work that supported the family or a partner's career.
A frequent worry is: "I earned less, so will I get less?" Not necessarily. The law expressly recognises that a parent who stayed home or worked part-time to raise children contributed just as meaningfully as the higher earner. Contributions are also assessed across the whole relationship, including the period since separation.
How future needs are weighed
After contributions, the law looks forward. Two people who contributed equally may still receive different shares if their future circumstances differ. Factors include:
- Age and the state of each person's health
- Income and earning capacity, and the difference between them
- Who has the primary care of the children
- The length of the relationship and its effect on earning ability
For example, a parent who will care for young children and has reduced earning capacity may receive an adjustment in their favour to reflect that future need.
Future needs can shift the outcome significantly. Talk to a mediator about how they apply to you.
Book a free consultation →What's included in the asset pool
The asset pool is broader than many people expect. It typically includes:
- The family home and any other real estate
- Superannuation (which can be split between partners)
- Savings, shares and investments
- Vehicles, furniture and personal property
- Business interests, companies and trusts
- Debts, mortgages and other liabilities (which reduce the pool)
Both parties have a duty of full and frank financial disclosure — hiding assets is taken very seriously by the courts. See how property settlement mediation handles disclosure →
Superannuation and entitlements
Superannuation is treated as property under family law and can be split between partners as part of a settlement. This often surprises people, but it's an important entitlement — particularly where one partner has a much larger balance because the other took time out of the workforce to raise children. A superannuation split can be formalised through consent orders or a financial agreement.
Time limits you need to know
Entitlements don't stay open indefinitely. Key time limits:
- Married couples: generally 12 months from the date the divorce becomes final to apply for property orders.
- De facto couples: generally two years from the date of separation.
Mediation is the fastest way to reach a binding agreement inside these windows. See de facto entitlements and time limits →
Time limits apply to property settlements. Don't leave it too late — book a consultation today.
Book a free consultation →Reaching a fair split without court
You don't need a judge to divide your property — and in most cases, you shouldn't want one. Mediation lets you and your former partner reach a fair agreement based on the same four-step legal framework, then formalise it through consent orders or a binding financial agreement so it's legally enforceable. It's faster, cheaper, private, and keeps the decision where it belongs — with the two of you. See how the process works →