So — in a property matter, isn’t it just 50% to both parties?
No, it isn’t that simple. The family law system in Australia doesn’t use a strict formula or “one-size-fits-all” rule. Instead, it follows a process — a series of steps to work out who should keep what:
- Do we actually need to divide anything, or is it fair to leave things as they are? (For example, if you’ve been separated for a long time or kept finances separate.)
- Work out what everything is worth — bank accounts, superannuation, property, businesses, etc. (in either or both names).
- Look at what each person contributed:
a. Financial (money, assets brought into the relationship, help from family, etc.)
b. Non-financial (caring for children, running the home, supporting family) - Consider whether either person needs extra support after separation (for example, due to lower income, health issues, or caring for children).
- Step back and check that the overall outcome is fair.
The aim of this process is to make sure the outcome is fair and reflects the unique circumstances of each relationship.
That doesn’t mean a 50/50 split isn’t the right outcome for many people. But it’s not always appropriate. For example, it’s hard to compare a five-year relationship between two people in their 40s with a 30-year relationship that began when both people were in their early 20s. It is also difficult to compare two working professionals with a couple where one person has been out of the workforce for over a decade.
While this process helps achieve fairness, it can also make things feel uncertain. People often place different weights on different parts of their history, which can lead to tension during what is already a very difficult time.
In my experience, the two most helpful things are:
- Getting early advice, and
- Using dispute resolution (as long as it is safe to do so).
Getting early advice doesn’t mean having lawyers heavily or permanently involved. It simply means understanding how the above steps apply to your situation, so you can make informed decisions about what to do next.
You can then have discussions with your former partner or attend mediation, with clear and reliable information to help resolve things.
Book a Consultation Today
If you would like to speak to a lawyer about getting advice or attending mediation, contact Rafton Family Lawyers to arrange a consultation:
Email us at reception@rafton.com.au or call us at 0286077184.