Property Settlement Calculator

Step 1 — Identify the pool of assets

The first step is establishing what needs to be divided. This includes ALL assets and liabilities acquired before, during, and even after separation — regardless of whose name they're in.

• Real property (family home, investment properties)
• Superannuation balances for both parties
• Bank accounts, savings, and investments
• Business interests and company shares
• Vehicles, boats, and valuable possessions
• Outstanding debts and mortgages

Step 2 — Assess contributions

Courts assess both financial and non-financial contributions. Importantly, homemaking and parenting are valued equally to income earning.

• Initial contributions (assets brought into the relationship)
• Financial contributions (income, inheritance, gifts)
• Non-financial contributions (homemaking, renovations)
• Parenting contributions (caring for children)
• Indirect contributions (supporting a spouse's career)

Step 3 — Consider future needs

Courts then consider factors that affect each party's future financial position under Section 75(2). This is where primary caregivers often receive additional consideration.

• Age and health of each party
• Income and earning capacity
• Care arrangements for children under 18
• Financial resources available to each party
• Duration of the relationship
• Standard of living established during the relationship

Step 4 — Just-and-equitable check

The final step ensures the proposed division is just and equitable given all the circumstances. Courts have broad discretion here.

• Does the outcome reflect contributions fairly?
• Are future needs adequately addressed?
• Can both parties move forward independently?
• Is there any injustice in the proposed split?
• Should the order be made at all?

How is a property settlement calculated in Australia?

Australian courts use a four-step process: (1) Identify all assets and liabilities to form the “pool”, (2) Assess each party's financial and non-financial contributions, (3) Consider future needs under Section 75(2) factors like age, health, and care of children, (4) Ensure the outcome is just and equitable. It is not a simple formula — courts exercise discretion based on all circumstances.

What is the average split in a divorce settlement in Australia?

There is no automatic 50/50 split. While many settlements fall between 55/45 and 60/40, the actual division depends on contributions made and future needs. Primary caregivers often receive a higher percentage (60–70%) due to reduced earning capacity and ongoing childcare responsibilities. Short relationships typically result in splits closer to initial contributions.

What comes first, divorce or property settlement?

You can apply for divorce and property settlement in any order, or simultaneously. However, time limits apply: you must apply for property settlement within 12 months of your divorce being finalised (or 24 months for a de facto relationship). Many people finalise property settlement before or during the divorce process to avoid rushing later.

What is a 70/30 divorce settlement?

A 70/30 settlement means one party receives 70% of the net asset pool and the other 30%. This might occur where one party was the primary income earner and homemaker with significant care responsibilities for young children, or made substantially greater contributions. Such splits often reflect Section 75(2) future-needs adjustments.

Is superannuation included in property settlement in Australia?

Yes. Superannuation is treated as property under the Family Law Act 1975 and must be included in the asset pool. Courts can make superannuation splitting orders to divide super between parties. The split is calculated against the “in-spouse” interest value, not the account balance. Both parties must disclose all superannuation funds, including SMSFs.

How is the family home divided in a divorce?

The family home is included in the asset pool and can be dealt with in several ways: (1) one party buys out the other's share, (2) the property is sold and proceeds divided, (3) sale is deferred until children reach a certain age, or (4) the property is transferred entirely to one party as part of an overall settlement. Primary caregivers often retain the home for the children's stability.

Do assets I owned before marriage get divided?

Assets brought into the relationship are considered “initial contributions” and are included in the asset pool. Courts give credit for these contributions when assessing each party's share. In short relationships, pre-existing assets may be largely returned to the original owner; in long relationships, initial contributions carry less weight as ongoing contributions become more significant.

What happens to debts in a property settlement?

Debts are subtracted from assets to calculate the net property pool. Joint debts like mortgages are typically apportioned as part of the settlement. Courts consider how debts were incurred — debts for family purposes are usually shared, while debts for gambling or wastage may be attributed to the party who incurred them. The party who retains an asset usually takes on any associated debt.