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What is The Average Split in a Divorce Settlement?
When it comes to divorce settlements, many people assume that it follows a strict rule or a standard split. However this is not that case. In Australia, assets are divided based on what is fair and reasonable, not necessarily equal. The Federal Circuit and Family Court of Australia consider each couple’s unique situation when it comes to dividing property and finances. So what might a settlement split look like and what are the factors that influence the split?
Common Splits for Divorce Settlements
When entering a divorce settlement, many people assume the division of assets will be a straight 50/50 split. However, this is not always the case. While a 50/50 division might be appropriate in some situations, many settlements result in different splits, such as 60/40, 70/30, or other variations, depending on the unique circumstances of the couple. The goal of the Federal Circuit and Family Court of Australia is to achieve a division that is just and equitable, rather than simply equal. This means the court takes into account a range of factors to ensure that the outcome is fair for both parties, rather than relying on a fixed structure.
Factors That Influence the Split in a Divorce
There are several key factors that the courts consider when deciding how to divide assets in a divorce settlement. These factors aim to reflect both past contributions and future needs to ensure a fair outcome for both parties. These include:
Financial Contributions
This includes direct financial input such as income, mortgage payments and investments
Non-financial Contributions
Contributions like raising children and maintaining the household
Child Custody
If one parent is the primary caregiver, they may be awarded a larger share of the assets to help meet the ongoing needs of the children.
Superannuation
This is counted as part of the asset pool and can be split
Future Needs
The court will also consider the age, health, earning capacity and caregiving responsibilities
The goal is not necessarily to split everything down the middle but to make an informed and fair decision that reflects the full picture of the relationship.
There’s no set percentage or standard split when it comes to divorce settlements in Australia. While many people assume a 50/50 division, the reality is that each case is assessed individually based on contributions, needs, and circumstances. Because every relationship is different, seeking legal advice is the best way to understand your entitlements and ensure a fair outcome that reflects your unique situation.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.
Financial Contributions
This includes direct financial input such as income, mortgage payments and investments
Non-financial Contributions
Contributions like raising children and maintaining the household
Child Custody
If one parent is the primary caregiver, they may be awarded a larger share of the assets to help meet the ongoing needs of the children.
Superannuation
This is counted as part of the asset pool and can be split
Future Needs
The court will also consider the age, health, earning capacity and caregiving responsibilities
The goal is not necessarily to split everything down the middle but to make an informed and fair decision that reflects the full picture of the relationship.
There’s no set percentage or standard split when it comes to divorce settlements in Australia. While many people assume a 50/50 division, the reality is that each case is assessed individually based on contributions, needs, and circumstances. Because every relationship is different, seeking legal advice is the best way to understand your entitlements and ensure a fair outcome that reflects your unique situation.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.
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