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Is divorce 50/50 in Australia?

Asked by Anonymous Oct 12, 2026 2 views 1 answers
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Answered Oct 13, 2026
Is divorce 50/50 in Australia, for divorce itself yes filing is simple, but for property settlement after divorce, no it is not automatically 50/50, it is based on what is just and equitable under Family Law Act. Many people think assets are split 50/50, but court follows four-step process. Step one, identify asset pool including house, superannuation, savings, cars, businesses minus debts, whether in joint or single names. Step two, assess contributions, financial like income and deposit, and non-financial like homemaking and child care, and initial contributions. Step three, assess future needs, such as age, health, income earning capacity, care of children, and whether one party will have primary care. Step four, decide what is just and equitable. So 50/50 is common for long marriages with equal contributions and no children, but if one party had children majority, lower earning capacity, or greater homemaking contribution, they may get 60% to 70%. For short marriages under 5 years with no kids, court may return what each brought. Superannuation is split separately and often 50/50 but can be adjusted. If marriage is long 20 years with kids and wife earned less and cared for children, she may get 60% to 65%. So divorce property is not automatically 50/50, it depends on contributions and future needs, though 50/50 is starting point for many judges before adjustments.
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