What affects how much you get in a property settlement

Start with the whole financial picture

The federal property-settlement framework considers the property and debts, each person’s contributions, and their current and future circumstances. Orders must be just and equitable overall. These considerations also help couples negotiating an agreement outside court. The Australian Government’s property-law fact sheet explains that framework.

The court must consider whether it is just and equitable to make an order changing existing property interests, as well as whether the proposed outcome is just and equitable. Separation does not automatically mean ownership must change. See section 79 of the Family Law Act and, for eligible de facto matters, section 90SM.

For your own preparation, separate three questions:

• What financial information do we have, and what still needs checking?
• What does our relationship history tell us about our contributions and circumstances?
• How could a proposed division actually be carried out?

Keeping those questions separate helps you avoid agreeing on a number before you understand what it means.

Twelve questions to prepare for a property settlement

These prompts help organise your information. They are not a points system or an exhaustive list of legal considerations.

1 What do you each own and owe

List the home, savings, investments, vehicles, business interests, superannuation and debts. Include items held separately as well as jointly. Note whose name each item is in, without treating that as the answer to how it should be divided.

2 Are the values current and supported

Record the date and source of each value. Mark an estimate as an estimate. A disputed house or business value can make a percentage discussion misleading before you have even considered contributions.

3 What did each person bring into the relationship

Record relevant assets and debts at the start, with supporting information where available. Avoid assuming that an initial contribution produces an automatic dollar-for-dollar repayment or a fixed percentage.

4 What financial contributions were made during the relationship

Consider earnings and how money went towards the household and property. Look at the relationship as a whole rather than making one payment or account balance the entire contributions story.

5 What unpaid contributions were made

Include caring for children, homemaking, renovations and unpaid work in a business. Prepare a timeline of these responsibilities alongside the financial history, so the picture includes both paid and unpaid work.

6 Were there gifts or inheritances

Record what was received, when, by whom and how it was used. If its treatment is disputed, ask for advice rather than assuming it must be either entirely excluded or automatically shared.

The Court recognises different forms of contribution, including financial contributions and work for the family. The WA Court’s explanation of property division also describes the importance of valuation and evidence. The weight given to particular facts requires assessment in context.

7 What changed after separation

Note mortgage payments, care arrangements, asset sales, new debts and other significant changes. Keep a dated record so you can distinguish the position at separation from the position now. Raise disputed changes with your adviser.

8 What are the arrangements for children

Record current care arrangements and practical housing needs. Identify what is agreed and what remains uncertain, rather than building a property proposal around an assumption about future care.

9 How do your incomes and earning capacities compare

Consider current income and realistic work options. Record any time away from paid work and the reasons for it. This gives more context than comparing two salaries alone.

10 Do age or health affect your circumstances

Identify relevant limits on work and ongoing costs. Keep the explanation specific to the circumstances rather than assuming an age difference or diagnosis translates into a set adjustment.

Age, health, earning capacity, financial resources and care responsibilities are among the considerations described in the federal Court’s property guidance.

11 Has family violence affected the financial position

Under the federal property laws that changed on 10 June 2025, courts must consider relevant effects of family violence on contributions and on current and future circumstances. Family violence can include economic or financial abuse. Effects may include being prevented from working, making contributions more difficult, or having ongoing treatment costs. There is no automatic percentage adjustment; the effect on the particular circumstances must be assessed. The Government’s reform fact sheet explains these changes.

Get individual advice about the applicable law, particularly for WA de facto matters. If discussing finances feels unsafe or coercive, seek support rather than trying to resolve the issue through a calculator. 1800RESPECT provides support for people affected by domestic, family or sexual violence. Call 000 if you are in immediate danger.

The reforms generally apply to new and existing proceedings, except where the final hearing had already commenced before 10 June 2025. Existing orders do not change simply because the law changed. The Government’s fact sheet explains these transitional rules.

12 Are there unexplained transfers or disputed spending

Identify the transaction, date, amount and information available. Avoid assuming that every financial loss must be repaid or added back to the pool. Ask a lawyer how a disputed disposal, debt or alleged wastage should be addressed.

The federal framework expressly considers the effects of material wastage of property or financial resources caused intentionally or recklessly. An ordinary loss is not automatically treated this way. Legal Aid WA explains this consideration.

Financial disclosure can include transactions affecting a property claim, as well as current assets and income. See the Court’s disclosure guidance.

Use the information you have to explore an indicative estimate, with a report sent to your email. An estimate does not replace advice or financial disclosure.

What information should you gather

Start with a simple record of what you know, what supports it and what needs checking. The following is a preparation aid, not a complete disclosure checklist.

Full and frank financial disclosure can be required before court proceedings begin and continues during the resolution of a property dispute. It extends beyond joint assets to relevant indirect interests, income and financial resources. Keep information current when circumstances change. The Court explains the duty of disclosure and when to seek help understanding it.

Obtain records only through lawful access or appropriate disclosure processes. If direct exchange is unsafe, seek advice about a safe way to provide and obtain information. You do not need to upload records to this guide. If information is missing, flag the gap rather than treating an unsupported assumption as an agreed fact.

An example of why a percentage needs context

Imagine a couple separating after twelve years, with two children and an estimated net property pool of $900,000. One person earned more while the other reduced paid work and undertook more of the care.

That description is a starting point. To understand their situation, they would still need to establish:

• Whether the pool includes all relevant assets and debts, and whether the values are supported.
• The fuller history of financial and unpaid contributions.
• Their current circumstances and the children’s care and housing arrangements.
• What each person could actually retain or receive under a proposal.

Suppose they discuss a 60/40 division. Applied to a $900,000 net pool, that is $540,000 and $360,000. This arithmetic does not establish that 60/40 is appropriate for them. It also does not show how much cash either person would have available if much of the pool consists of a home and superannuation.

This is a fictional illustration, not a court outcome or recommended split. For more illustrations, read the property-settlement examples. The 50/50 guide explains equal division, while the 60/40 guide explores how an unequal division can be implemented.

Check how the proposed division would work

Once you understand a proposal, write down what each person would keep, what needs to change hands and which steps depend on someone else.

Keeping the home: identify any proposed payment to the other person and check the finance and transfer steps before relying on the plan. An agreement between you, or a change to the property title, does not itself release either borrower from the mortgage. Check refinancing and lender release, and agree what happens if finance is refused. NAB explains why a private agreement does not bind the lender. Our guide to who gets the house explores the practical questions further.

Superannuation: splitting super does not turn it into cash available for immediate spending. Special rules and procedures apply, including notice to the fund trustee before a splitting order is made. See the Court’s superannuation guidance.

Other implementation questions: ask whether business interests, tax, transfer costs or third-party interests require professional advice. Record those questions before treating a proposed percentage as a completed agreement.

These practical checks help you understand the proposal; they do not replace assessing whether the overall result is appropriate.

How the free calculator report can help

The Split Ways property settlement calculator uses your answers to produce an indicative estimate and explain the considerations behind it. Your report is delivered to your email, so you can return to it as you consider your next step.

The estimate depends on the information you provide. It is not legal advice, a court prediction or a binding agreement, and your automated report is not individually reviewed by a lawyer. Missing information or unusual circumstances can limit its usefulness.

If you would like to discuss the Split Ways service, the report’s follow-up invites you to book a conversation with Abbey. You can use that conversation to understand the service and what happens next.

Formalising an agreement and checking time limits

Consent orders require court approval, including assessment of whether the property orders are just and equitable. Financial agreements follow a different process: they do not require court approval, but each person must obtain independent legal advice before signing, and other legal requirements must be met. Legal advice is strongly recommended before applying for consent orders, although it is not generally compulsory. The Court’s guide for couples who have agreed explains the distinction. A calculator result is neither a court order nor a binding financial agreement.

If you are exploring consent orders, read the Split Ways consent-orders guide. Agreement on a percentage still needs to become clear, workable terms.

Divorce and property settlement are separate processes. You can address property settlement before getting divorced. The usual federal deadlines for starting property proceedings are twelve months after a divorce becomes final, or two years after a de facto relationship ends. After the usual deadline, an application may still be possible with both parties’ consent to the application or the court’s permission. Permission is not guaranteed, and exceptions and jurisdictional rules can affect the deadline. See section 44 of the Family Law Act.

Obtain advice promptly rather than assuming negotiations protect your position. Our property-settlement time-limit guide provides further context; get advice about your own deadline and jurisdiction.

Explore your next step

Use the questions above to identify what you know and what needs checking. If you would like an indicative estimate to help organise your thinking, start the free calculator and receive your report by email.

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This guide provides general information, not advice about your individual entitlements. Seek independent legal advice before making decisions or signing an agreement, particularly where information is disputed, there are complex assets, or the process is not safe and voluntary.