The short answer
There is no standard divorce settlement percentage in Australia. The Family Law Act framework requires the property and liabilities to be identified, contributions and current and future circumstances to be considered, and any order to be just and equitable. The examples below are deliberately simplified illustrations, not legal advice or court predictions.
What a useful settlement example includes
Look past the headline percentage. First identify the assets and liabilities included in the pool, including the home, savings, debts and superannuation where relevant. Then ask what each person contributed before, during and after the relationship, and whether current and future circumstances may be relevant. Finally, test whether the proposed assets actually deliver the intended net result.
Illustrative example: a shared home and super
Alex and Jordan have a combined net property pool of $600,000 after agreed debts. Assume, purely for illustration, they agree that an overall 55/45 division is an appropriate negotiating position. That would be $330,000 and $270,000 respectively. It does not say who keeps the home, how a mortgage is refinanced, or whether super is included. Those implementation questions can change whether an arrangement is workable.
Illustrative pool
$600,000
Net assets after agreed liabilities.
Illustrative 55/45
$330k / $270k
A starting point, not an entitlement.
Why two similar examples can produce different outcomes
A long relationship, a short relationship, assets owned at the start, unpaid care work, income differences, health, and the care and housing needs of children can all matter in context. From 10 June 2025, the economic effect of family violence must also be considered where relevant. Do not assume that one fact, one relationship length or one percentage determines an outcome.
How an agreement can be formalised
If you reach agreement, consent orders and financial agreements are different legal pathways. The Court says consent orders can be sought jointly and must meet the legal requirements, including that financial or property orders are just and equitable. A financial agreement has separate strict legal-advice requirements. Get advice before choosing the document that fits your circumstances.
Use examples as questions, not answers
- What is in the property pool, and what debts are included?
- Is superannuation included or dealt with separately?
- What evidence supports each contribution and circumstance?
- Can the proposed home, cash and debts be transferred or refinanced in a workable way?
- Should the agreement be checked before anyone signs or files documents?
General information only
This guide gives general information, not legal advice. It does not assess your evidence, predict a court outcome or guarantee an entitlement. Get family-law advice for circumstances involving family violence, complex assets, trusts, companies, overseas property, bankruptcy, tax consequences or unusual super interests.
Related property-settlement guides
- Start with the factors that affect a property settlement.
- See why a 50/50 property settlement is possible but not automatic.
- Compare how an unequal 60/40 property settlement can be implemented.
- Read the property-settlement time limit after divorce before delaying formal steps.
- Read who gets the house after separation before treating home ownership as a standalone answer.
- Learn how consent orders can formalise an agreement.
Primary sources checked
We checked the Family Law Act 1975, Compilation 101 (in force 10 June 2025), the Attorney-General’s Department’s property changes fact sheet (published 13 January 2025), and the FCFCOA guidance on agreed financial or property arrangements (checked 11 August 2026).