As of 2025, many people want a clear answer to the question, ‘What is the average split in a divorce settlement in Australia?’ Unfortunately, there’s limited up-to-date statistical data available, and no magical number that will provide an answer relevant to your own situation. Most available information still refers back to the Australian Institute of Family Studies (AIFS) report from 2001, and in the 24 years since, social, legal and economic factors have evolved significantly.
It’s important to note that nearly all articles and advice you’ll find online today rely heavily on this older data. We’re committed to updating our information as soon as fresh, reliable statistics become available to provide you with the most accurate insights. In the interim, we’ll look at the information that is available, the more ‘common’ splits that we see as a family law firm in Australia, and how the Family Law Act addresses asset division.
What hasn’t been taken into account, even in the old figures?
Even the widely referenced 2001 AIFS report has major limitations when it comes to understanding a ‘standard’ division of assets. The data came from a relatively small sample, meaning it may not reflect the full range of divorce outcomes across Australia.
Today, many property settlements happen privately, through Binding Financial Agreements (BFAs), mediation, or informal agreements, and these outcomes are not recorded by the courts or included in public data. As a result, a significant portion of modern settlements remain invisible in official statistics.
In addition, the older figures don’t capture the extremes, high-net-worth cases or those with minimal assets, which can heavily skew the facts. In short, while historic data offers some insight, it doesn’t reflect the way many couples now resolve their property matters.
How is property settlement assessed?
When couples separate, there are various options for dividing assets, with or without court involvement. Shared and individual financial resources and assets create the ‘property pool’, and property division will include the transfer of assets (or debts) to complete the settlement process. Spousal maintenance or child support may also be required after a divorce or separation occurs.
Assets divided can be formalised in a number of ways, depending on the wishes of the separating couple, and many choose to do this without involvement of the family law courts.
Options for a divorce or de facto property split include:
- No property settlement, both parties just walk away with what they have
- Private, informal settlement, with no court involvement, with decisions made and actioned between the separating couple
- Via a (binding) financial agreement, which is drawn up by lawyers and does not include court approval or involvement
- Via consent orders, where both parties agree on a fair settlement, and the court approves it if it is deemed fair
- Via property orders, made by the court, if a couple cannot agree
So, based on the many ways to divide assets, it’s reasonable to suggest that any ‘average’ statistics are coming from a small amount of publicly available data. If your matter will be decided via consent orders or a court-ordered property split, the asset division process will be assessed under the Family Law Act, which aims for a fair and equitable outcome based on a four-step process:
1. Identify and value the asset pool
This includes all assets accumulated during the relationship, such as the family home, savings, superannuation, business interests, and other assets brought into the marriage or de facto relationship.
2. Assess each party’s contributions
Contributions include direct financial contributions (such as earnings or property purchased) and non-financial efforts (like raising children or performing household duties). The court also considers career sacrifices and the spouse’s career advancement, impacted by the relationship.
3. Evaluate future needs
This includes health issues, retirement age, earning capacity, and whether one party is the primary caregiver. The court weighs each party’s ability to maintain financial stability post-divorce and their future financial security.
4. Consider whether the proposed division is fair and equitable
The court’s ultimate goal is an equitable division that is fair, based on both parties’ circumstances.
We’ll look at some common questions regarding the average split in a divorce or de facto relationship split below. Please get in touch with our team if you have any questions about property settlement with your former partner, and what type of property settlement is right for you.
Is everything split 50/50 in a divorce in Australia?
A very common misconception is that assets are always divided 50/50. This is not the case in many – most – separation matters. If orders are made, the courts aim for a fair and equitable distribution rather than an equal split. A 50/50 split might occur if both parties have contributed equally financially and non-financially, and their future needs are similar.
When is a property split likely to land close to 50/50?
A near 50/50 asset split is common in long-term relationships where both parties have made similar financial and non-financial contributions. Courts assess contributions and future needs under section 79 of the Family Law Act. If both partners worked, cared for children and shared finances equally, or one was a full-time stay-at-home parent while the other worked full-time, the final split often reflects their shared investment.
What if we make our own choices instead of having the court decide?
Separating couples can create a voluntary, informal agreement if that works for them, but it’s wise to consider making the agreement legally binding if there is any concern that it won’t be actioned. It’s also a good idea to seek legal advice about whether the agreement is in your best interests. To make an agreement legally binding, you will need to organise consent orders or have a lawyer create a financial agreement outlining who gets what.
Consent orders are court-imposed orders that can be enforced through the court system once approved by the court. This approach is often cost-effective and avoids the need for contested family law cases. Even if consent orders are agreed on, the court will still have to approve them and ensure they are fair.
What is the typical asset split in a divorce in Australia?
There is no fixed formula under the Family Law Act, but settlements typically range between 55% and 65% in favour of the financially weaker spouse, often around 60/40. A minority of cases may reach 70/30 if there is a significant disparity in contributions or future needs.
Is a 70/30 split fair?
A 70/30 split can be fair in extraordinary circumstances, such as significant non-financial contributions or unequal financial capacity. Courts do not follow rigid formulas; they assess each party’s contributions and future needs and all of the variables that arise with them. Such a division is appropriate when one party contributed considerably more to the asset pool or faces greater ongoing responsibilities.
Will two matters with similar circumstances have similar results?
Even in nearly identical cases, outcomes may differ significantly. Slight differences in future needs, caregiving responsibilities, or business interests can lead to varied results. Omission of relevant information, or a strong case made by one party and not the other, can also alter the court’s view of fairness. While court decisions are designed to factor in the unique circumstances of each case, the strength of applications and facts presented may significantly affect the outcomes.
What about matters where one party’s needs or contributions are over-represented or under-represented?
Courts examine financial and non-financial contributions, caregiving roles and future needs. If one party misrepresents their position, it can affect the outcome. Likewise, if one party has not had good, independent legal advice, they may not have their side of the story accurately shown. A thorough and accurate presentation of contributions and needs ensures a just result and reduces the risk of later applications to vary the settlement.
Are 50/50, 60/40 and 70/30 the only marital or de facto asset split options?
No. These splits are standard benchmarks, but the court determines a just and equitable split based on the circumstances of each case. Outcomes might fall anywhere along the spectrum, such as 55/45 or 65/35, depending on contributions, future needs and the length of the relationship.
What if one party’s circumstances change dramatically after a financial settlement?
Once property consent orders are approved by the court, they carry the same legal effect as final court orders. Despite this finality, the court can, but only in specific situations, vary or set aside these orders under s 79A of the Family Law Act.
What if I disagree with what the court decides or feel the split is unfair?
You may appeal within 28 days if you can demonstrate a legal error in the decision. Appeals are reviewed by judges who consider whether the original court made an error in law. Simply disagreeing with the outcome is not sufficient. Timely legal advice is essential.
Can my ex-partner come back later and claim more?
If the settlement was informal, yes, individuals can later come back to vary it. This is why many people choose to have their decisions documented in consent orders or a financial agreement. Once a settlement is finalised and assets are divided either through consent orders or a court decision, it is usually binding. In this case, an ex-partner cannot revisit the settlement unless there is evidence of fraud, non-disclosure, or miscarriage of justice, and only within limited circumstances under section 79.
What factors should be made clear if applying to the court for a decision on property settlement?
If you are going to court to have your de facto or divorce settlement finalised, make sure you know what the court considers. It’s important to present your matter well, and ensure your legal team has the information needed to present your case.
You’ll need to show:
- How you have contributed to the relationship (working, raising kids, taking care of the home, renovations)
- Any assets or income contributed to the relationship (bring financial documents, bank statements, evidence of financial support and living expenses)
- Any debt contributed to the relationship (personal or business loans, mortgage, gambling debt, credit cards)
- Future needs (earning capacity, any care of children, health needs)
These factors will have far more impact on your de facto or divorce settlement, regardless of what the ‘average’ split is.
How can I get an idea of what a likely split for my own de facto or divorce settlement will be under Australian law?
If you are currently facing a de facto relationship breakdown or divorce proceedings, it’s normal to feel overwhelmed about the legal processes involved with property settlement, and how living post-divorce or separation may look financially.
Understanding the ‘average split’ for a divorce settlement doesn’t take into account your personal circumstances, which will ultimately be the deciding factors on how your property settlement will look. The best first step is to speak with a skilled family lawyer about your situation and get a better idea of what’s likely to occur based on your relationship history and financial circumstances.