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Quick answer

How are assets divided in a divorce in Australia?

A straight answer from Adelaide mortgage brokers who specialise in separation finance.

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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.

How 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.

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