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    Australian property settlement guide

    Could your property settlement be 70/30?

    Yes — a 70/30 split is legally possible in Australia. But it is not a standard rule or a shortcut. The outcome must make sense after looking at the whole property pool, both people’s contributions and their current and future circumstances.

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    70%
    30%
    $700k
    of a $1m pool
    $300k
    of a $1m pool

    The percentage describes net value, not necessarily how every individual asset is divided.

    70/30 in one sentence

    A 70/30 property settlement means one person receives 70% of the net property pool and the other receives 30%. It can be agreed by the couple or ordered by a court, but the result must be just and equitable in the circumstances.

    When could a 70/30 split make sense?

    An unequal split can emerge from contributions, current and future circumstances, or a combination of both. The facts below can be relevant, but none guarantees 70/30:

    A short relationship where one person brought in most of the property
    A substantial inheritance or gift received by one person
    One person has much greater care and housing needs for children
    A significant gap in income or realistic future earning capacity
    Age or health materially limits one person’s financial future
    Family violence caused a relevant economic impact
    A business or asset grew mainly through one person’s post-separation efforts
    One person depleted, hid or improperly disposed of property

    What does not automatically produce 70/30?

    One person earned most of the income
    The home is registered in one name
    One person initiated the separation
    One person wants to keep the house
    Friends with a similar story received 70%

    Australian property settlement is not a reward-and-punishment system and there is no universal percentage table. Homemaking and parenting are contributions too. The same headline facts can lead to different outcomes when relationship length, asset values and future circumstances differ.

    How a 70/30 settlement is worked out

    1. Identify and value the net property pool. Include property, savings, investments, businesses, vehicles, superannuation and debts. Full disclosure matters.
    2. Assess contributions. Look at financial and non-financial contributions before, during and after the relationship, including homemaking and parenting.
    3. Assess current and future circumstances. Consider age, health, earning capacity, financial resources, care and housing needs of children, and any relevant economic effect of family violence.
    4. Check whether the result is just and equitable. The final proposal must be fair in the circumstances and workable in practice.

    Learn more in our detailed guide to the factors that affect a property settlement, compare how a narrower 60/40 property settlement changes the dollar outcome and asset allocation, or see the extra evidence and implementation checks raised by an 80/20 property settlement.

    Worked example: 70/30 does not mean cutting everything up

    Net property pool: $1,000,000

    Illustration only — not a recommended settlement.

    Home equity retained by Person A$600,000
    Person A super and savings$100,000
    Person A total (70%)$700,000
    Person B super and investments$250,000
    Cash equalisation payment to Person B$50,000
    Person B total (30%)$300,000

    The exact asset allocation matters. Keeping 70% of net value may require refinancing, a cash payment, property transfer or superannuation split. Tax, transfer duty and transaction costs should be checked before finalising the structure.

    Can you agree to 70/30 yourselves?

    Yes. If both people agree, they can ask the court to make financial consent orders without attending a hearing. The court still considers whether the proposed orders are just and equitable. Both people must make full financial disclosure, and the proposed orders need to explain transfers, payments, sale steps and deadlines clearly.

    An informal agreement may not give the protection or finality you expect. Read how consent orders work and compare ways to formalise a settlement.

    Before you negotiate a percentage

    Agree on the pool first. A “70%” offer can be misleading when you disagree about the home value, debt balance, business value or whether superannuation is included. Compare net value after realistic costs, not just the labels on the assets.

    Frequently asked questions

    Is 70/30 common in Australia?

    There is no official table showing how common each percentage is, and published court decisions are not representative of all settlements. A 70/30 outcome is possible, but it is a substantial departure from equal division and needs to make sense on the particular facts.

    Does 70/30 include superannuation?

    Usually the percentage refers to an identified net property pool, which may include superannuation. Some negotiations compare the non-super and super pools separately. Be explicit about which method you are using.

    Does the person with the children always get 70%?

    No. Care and housing needs of children can be relevant, but they are considered with all other circumstances. There is no automatic percentage for a primary carer.

    Can a 70/30 split favour either person?

    Yes. The law does not reserve the larger percentage for a husband, wife, higher earner or primary carer. The evidence and overall circumstances drive the analysis.

    Sources and important note

    This guide uses the Australian Government’s property-law changes fact sheet and the Court’s financial and property overview and guidance for couples who have agreed. It is general information, not legal advice. Seek independent advice for complex or disputed circumstances.