Could a 60/40 property settlement fit your situation?

What does a 60/40 property settlement mean?

It usually means one person receives 60% of an identified net property pool and the other receives 40%. The net pool is the value of the property included in the settlement after the liabilities included in that pool are taken into account.

Moving from 50/50 to 60/40 is a 10-percentage-point shift to one person. On a $1 million net pool, that moves $100,000 from the equal-share position: $600,000 instead of $500,000 for one person, and $400,000 instead of $500,000 for the other.

These are arithmetic examples, not legal outcome predictions. The first task is to work out what property, liabilities and financial resources are relevant and what values should be used.

How can the legal framework lead to 60/40?

The current Family Law Act 1975 sets out the decision-making framework. For married couples, section 79 requires the Court to identify existing legal and equitable interests in property and existing liabilities, consider contributions and current and future circumstances, and only make orders that are just and equitable. Parallel provisions apply to eligible de facto couples under the federal Act.

Since 10 June 2025, the Act expressly requires the economic effect of family violence to be considered where relevant to contributions or current and future circumstances. That does not create an automatic adjustment or a standard percentage. If family violence or economic abuse may be relevant, get independent legal and safety advice rather than trying to assign it a number yourself.

For the wider framework, read the guide to the factors that affect a property settlement.

Three situations where people may discuss 60/40

The examples below show the kinds of facts people may need to examine. They do not mean a court would choose 60/40.

Contributions were different

One person may have brought substantially more property into the relationship, received an inheritance, or made significant post-separation payments. The weight of that contribution depends on the size and timing of it, how it was used, the length of the relationship and the rest of the contribution history.

Current and future circumstances differ

Both people may have made broadly comparable contributions, while one has lower earning capacity, health-related limitations, or greater care and housing responsibilities for children. Those circumstances may support an adjustment, but no single fact supplies a fixed percentage.

More than one consideration points the same way

A proposed 60/40 division may reflect the combined effect of contributions and current or future circumstances. The analysis should show how the whole result was reached, rather than treating 60/40 as a compromise chosen without checking the underlying figures.

60/40 does not mean splitting every asset 60/40

A settlement is usually implemented through specific transfers, payments, sales or superannuation orders. The asset allocation can be uneven while the total net value reaches the agreed percentage.

Questions to check before agreeing to 60/40

• Are all assets, debts, superannuation interests and financial resources disclosed?
• Are the values current, supported and measured on the same basis?
• Does the percentage apply to one combined pool, or are superannuation and non-superannuation property being considered separately?
• Who can refinance, and what happens if finance approval or a transfer cannot be completed?
• Have sale costs, tax consequences and the timing of payments been checked with the right advisers?
• Does the final allocation actually add up to 60/40 after debts and adjustments?

How can a 60/40 agreement be formalised?

If you agree, you can ask the Court to make financial consent orders without a hearing. The Court can only make the proposed property orders if they are just and equitable, and the application requires financial disclosure. Once made, consent orders are legally binding and can only be changed in limited circumstances.

A financial agreement is a different option and has strict legal-advice requirements. Read how consent orders work and compare the costs of formalising a property agreement before choosing a path.

Frequently asked questions

Related property-settlement guides

• See why a 50/50 property settlement may fit but is not the automatic starting point.
• Compare a larger unequal outcome in the 70/30 property settlement guide.
• Understand what affects a property settlement in Australia.
• Check the property-settlement time limit after divorce.
• Use the free property settlement calculator to organise a starting estimate.

Primary sources and important note

This guide was checked against the current Family Law Act 1975, including sections 79 and 90SM; the Attorney-General's Department's property-law changes fact sheet and guide to dividing property after separation; and the Court's financial and property overview and guidance for couples who have agreed.

General information only. This page is not legal advice, a court prediction or a statement of entitlement. The examples are simplified illustrations. Get independent legal, financial and tax advice for your circumstances, especially for family violence, businesses, trusts, overseas assets, bankruptcy, disputed disclosure, tax or unusual superannuation interests. For de facto couples in Western Australia, most property matters are governed by the Family Court Act 1997 (WA), while superannuation splitting is governed by Part VIIIC of the Commonwealth Family Law Act 1975.