There is no automatic 50/50 split in Australia. The Family Court considers four steps: identifying the total asset pool, assessing each party's financial and non-financial contributions, evaluating future needs (income disparity, caring responsibilities, health), and checking whether the proposed split is just and equitable. The actual division varies widely - from 55/45 to 70/30 or more depending on circumstances. Both married and de facto couples follow the same process.
What counts as an asset?
Everything: the family home, investment properties, superannuation, savings, shares, vehicles, business interests, and debts. The total asset pool includes assets held jointly and individually by both parties. Superannuation is treated as property and can be split even if it is in one party's name only.
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Book a confidential chatHow finance fits in
Once the split is agreed, the finance makes it happen - refinancing to fund a buyout, selling to release equity, or securing new loans for independent purchases. Knowing your borrowing capacity before finalising the split ensures the agreement is actually implementable.
Are inheritances included in the asset pool?
Generally, yes. Inheritances received during the relationship are usually included.
However, the timing and how the inheritance was used can affect the weighting. An inheritance received early in a long relationship and mixed with joint assets is treated differently from one received just before separation. Your lawyer can advise on your specific circumstances.
Are debts shared equally in a divorce?
Not automatically. Debts are part of the asset pool and are allocated as part of the settlement.
Joint debts are typically shared proportionally with the asset split. Individual debts may be treated differently depending on when and why they were incurred. Debts taken on after separation are usually the responsibility of the person who incurred them.
We are not just explaining the process. We arrange the actual finance: refinancing into your sole name, funding a partner buyout, or setting up a new loan independently after settlement. We work with a panel of over 60 lenders to find the one that fits your situation.
Once the legal side of your property settlement is resolved, the next step is usually a financial one. That is where we come in.
Jason and Steve also help clients with first home loans, refinancing, and investment lending at lendology.com.au.
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