It sounds simple. You sell the house, divide the proceeds, and go your separate ways. And in some cases, that's close to the right outcome.
But in many separations — particularly those involving longer marriages, businesses, superannuation, investment properties, or contributions that weren't equal — a straight 50/50 split leaves one party substantially worse off than the law would actually provide.
Australian family law doesn't start with 50/50. The way property is divided depends on a structured assessment of the whole picture: what's in the asset pool, what each person contributed — financially and otherwise — and what each person's circumstances will look like going forward. The answer is different for every couple.
That process can lead to splits anywhere from 40/60 to 65/35 or beyond, depending on the circumstances.
There's also the question of what gets included in the asset pool. Inheritances, family trusts, pre-relationship assets, and business interests are all potentially in play — and how they're treated depends heavily on timing, how funds were used, and how documents are structured.
If you're heading into a property settlement, the most expensive mistake you can make is accepting an outcome that feels 'fair enough' without understanding what you're actually entitled to.
A property settlement is also legally binding once formalised — which means undoing a bad one later is expensive and difficult.
Get advice before you agree to anything. Not after.
