How Much Will I Get in a Divorce or Separation? Understanding Property Settlements in Australia

Understanding Property Settlements in Australia

When a relationship ends, one of the biggest concerns is how property and finances will be divided. Unlike other areas of law, family law property settlements in Australia are based on fairness rather than fixed formulas.

There is no guaranteed 50/50 split. The court instead considers a wide range of factors to determine what is just and equitable, looking at both financial and non-financial contributions, as well as future needs. Importantly, the Family Law Amendment Act 2024 has introduced new provisions to address financial abuse and family violence when dividing property.

Key Factors in Property Settlements

Identifying Assets and Liabilities

All assets and debts must be disclosed, regardless of when they were acquired. This includes:

Real estate and investment properties

Superannuation

Business interests, vehicles, savings, shares

Credit card debt, loans, tax liabilities

Contributions of Each Party

Contributions are broadly categorised as financial and non-financial. The court will assess:

Income and direct financial support

Homemaking, childcare, and unpaid domestic work

Gifts and inheritances received during the relationship

Future Needs Considerations

The court considers the future financial position of each party. Factors include:

Differences in earning capacity

Age and health conditions

Primary caregiving responsibilities

Recent Family Law Cases – 2024 Highlights

Henson & Marlin (No 4) [2024]

In this case, the court awarded the wife 40% of the asset pool despite a financial agreement, recognising her unpaid domestic contributions while she raised children. The ruling highlighted how non-financial roles are valued equally under the law.

Fagan & Fagan (No 2) [2024]

Superannuation was a central issue. The court ordered an interim property distribution to support the disadvantaged party while final orders were pending—an important measure to prevent financial hardship during proceedings.

Garcia & Garcia [2024]

In this significant case, the court acknowledged the long-term impact of coercive financial control. The wife was granted an additional share of assets to compensate for the economic harm caused by financial abuse during the relationship.

Superannuation and Property Settlements

Superannuation is treated as property under family law and can be split through a court order or financial agreement. It’s especially important where one party has significantly more retirement savings than the other.

Deadlines You Should Know

Married couples must apply for property orders within 12 months of finalising their divorce

De facto couples must apply within 2 years of separation

Missing these deadlines may result in needing special court permission to proceed—which is not guaranteed. Early legal advice is essential.

Why Legal Advice Is Critical

At Jameson Law, we provide strategic and realistic advice to help you protect your interests. Whether you’re negotiating, defending a claim, or applying for a financial order, our team is here to guide you.

Every property settlement is unique. If you’re going through separation, contact us today for advice tailored to your circumstances and future financial security.