A common question is: “What percentage will I get?” In Australian family law, there is no set percentage based on gender, income, or who initiated separation. Instead, outcomes are generally assessed using a structured framework.
Step 1: Identify and value the pool
The starting point is to identify and value the assets, liabilities, and (often) superannuation.
Step 2: Consider contributions
- Financial contributions (income, savings, asset purchases)
- Initial contributions (assets brought into the relationship)
- Non-financial contributions (renovations, unpaid work in a business)
- Homemaking and parenting contributions
Step 3: Consider future needs
- Income and earning capacity differences
- Health issues
- Care of children
- Age and financial resources
- Practical housing needs
Step 4: Check the outcome is just and equitable
The final check is whether the outcome is fair in all the circumstances — not just mathematically balanced.
Frequently asked questions
Is it always 50/50?
No. Some outcomes are close to equal, but many are not — it depends on contributions and future needs.
Does cheating affect property settlement?
Generally, relationship conduct is not relevant unless it has a clear financial impact (for example, wasting assets).
This article is general information and not legal advice.