Understanding Percentages in Divorce Property Settlements: What You Need to Know in Australia

⚠️ Disclaimer: This article provides general information only and is not a substitute for independent legal advice. Always speak to a qualified family lawyer about your unique situation.

Dividing property after a divorce or separation can feel overwhelming. One of the most common questions we hear is:

👉 “What percentage of the property pool will I get?”

In this episode of The Divorce Course Podcast, we break down exactly how percentages in property settlements are calculated, what the courts look at, and why it’s not always as simple as a 50/50 split.

💡 What Do Percentages in Property Settlements Mean?

When you separate, all your assets and debts are put into one “property pool.” This includes:

• Houses, land, or investment properties
  
  
• Superannuation
  
  
• Cars, shares, businesses
  
  
• Joint debts, mortgages, or loans or anything else
  
  

The court (or you and your ex then works out what percentage each person receives from the pool.

⚖️ How Do Courts Decide on Percentages?

Under Australian family law, property settlements are based on a four-step process. Courts look at:

1. What’s in the property pool? – Identifying all assets, liabilities, and super.
   
   
2. Contributions – Both financial (income, property) and non-financial (homemaking, parenting).
   
   
3. Future needs – Income differences, health needs, care of children, and housing.
   
   
4. Is the outcome just and equitable? – The court checks if the split is fair in real life.
   
   

This is why it’s almost never a straightforward “50/50.”

🔎 What Factors Can Change Your Percentage?

• Who was the primary carer of the children
  
  
• Whether one person made greater financial contributions
  
  
• Health issues or future earning capacity
  
  
• Post-separation behaviour, including wastage or financial misconduct
  
  
• Family violence, coercive control, or abuse affecting financial security
  
  

📝 Can You Work Out Percentages Yourself?

While you can make an estimate by looking at contributions and needs, the reality is lawyers often come up with different percentages depending on how they weigh the evidence.

That’s why it’s so important to:
✅ Be realistic about your position.
✅ Gather complete disclosure of all assets and debts.
✅ Understand your BATNA and WATNA (Best and Worst Alternative to a Negotiated Agreement).

📌 What Happens After You Work Out Percentages?

Once you have a percentage split in mind, the next step is figuring out how to apply it to the assets. For example:

• Who keeps the house?
  
  
• How is super split?
  
  
• Do assets need to be sold?
  
  
• Is one person “bought out” of their share?
  
  

These practical details matter just as much as the headline percentage.

🎧 Listen to the Full Episode

In this episode, we discuss

• What percentages really mean in divorce property settlements.
  
  
• Why courts don’t just default to 50/50.
  
  
• Real-life case examples, including Shaman 2025.
  
  
• How mediation and negotiation can shift your outcome.
  
  
• Mistakes to avoid if you’re representing yourself.
  
  

👉 [Listen to the full episode on Spotify here]

✨ Key Takeaways

• Property settlement percentages are not automatic or fixed.
  
  
• Courts consider contributions, needs, and fairness, not just maths.
  
  
• You can estimate, but a lawyer or mediator can help refine your position.
  
  
• The percentage is only the start — you still need to work out the practical split.
  
  
• Knowledge is power: the more prepared you are, the stronger your negotiation position. 
•  

SHOW NOTES 

Listen to This Episode If You…

🏠 Have been told divorce property settlements are always 50/50
🤔 Want to understand how contributions (financial and non-financial) are weighed
⚖️ Are trying to figure out how your future needs affect your share
💰 Suspect your ex has wasted or hidden money and want to know what that means
📝 Need to know whether you can work out percentages yourself or need a lawyer
🧾 Are preparing for mediation or property negotiations and want strategies to stay strong
👶 Want to know how parenting responsibilities and children’s needs affect percentages

Episode Summary

Property settlements in divorce aren’t as simple as “split it down the middle.” In this episode, Laura and her mum Lyn (a seasoned family lawyer) unpack the myths and realities of percentages in property settlement.

They break down how the Family Court in Australia actually calculates shares based on contributions, circumstances, and future needs — and why different lawyers might give you slightly different numbers. You’ll also learn why percentages aren’t always the best way to negotiate, and why focusing on dollar amounts and assets can be more effective.

If you’re heading into mediation, dealing with a high-conflict ex, or just trying to understand what’s “fair,” this episode gives you some clarity into the confusing word of property settlements.

⚠️ Trigger Warning: This episode discusses family violence, coercive control, and financial abuse.
📌 Legal Disclaimer: This podcast is for general information only. It is not legal advice. Always seek independent legal advice about your situation.

🔑 Key Topics Discussed

• Why property settlements are not automatically 50/50
  
  

• How financial and non-financial contributions are considered
  
  

• The role of future and current circumstances under the Family Law Act
  
  

• How courts now deal with wastage and hidden assets
  
  

• Why lawyers may calculate percentages differently
  
  

• The risks of negotiating in percentages instead of dollars and assets
  
  

• Tips for handling high-conflict exes in property settlement discussions
  
  

⏱️ Episode Timeline – Divorce Property Settlements Explained

00:00 – What is a Divorce Property Settlement and How Does It Work in Australia?
00:09 – How Are Percentages Calculated in Divorce Property Settlements?
01:08 – Legal Disclaimer: Why You Must Get Independent Legal Advice in Divorce
02:02 – What Are the Basics of Property Division in Australian Family Law?
02:57 – What Does the Court Consider When Dividing Property After Divorce?
04:58 – Key Factors That Affect Your Property Settlement Percentage
17:21 – Divorce Case Study: What We Can Learn from Shaman 2025
21:59 – How Do Recent Legal Changes Affect Divorce Property Settlements?
24:06 – Practical Tips and Resources for Divorce Property Negotiations
25:55 – What Evidence Do You Need for Court in a Property Settlement?
26:17 – Mediation vs Negotiation: Which Works Best in the Property Division?
29:00 – How to Work Out Percentages in a Divorce Property Settlement
32:14 – Common Mistakes to Avoid in Divorce Property Division
38:10 – What Case Law and Legal Precedents Say About Divorce Property Splits
47:05 – Final Thoughts: How to Protect Yourself in a Property Settlement

Resources & Links

• 📥 Download the Separation Under One Roof Checklist – available free to newsletter subscribers.
• Shamon & Shamon [2025] FedCFamC1A 150 (8 September 2025) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/150.html
• Section 79 of the Family Law Act https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s79.html

Dajani & Dajani [2025] FedCFamC1A 28 (26 February 2025) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FedCFamC1A/2025/28.html

🚨 Support Services:

• 1800 RESPECT (Family Violence Support – Australia)
  
  
• Lifeline: 13 11 14 (Crisis Support – Australia)
  
  

🎧 Related Episodes:

• Wastage in Divorce https://open.spotify.com/episode/0wKQog5jOCTqcCT0QowM2H?si=eoHt8lGRR2ualABIbxn4yw
• Super Split Myths https://open.spotify.com/episode/3JfL6ph18XP3ZI78UGWwqV?si=Y8m2eXJTQO-mGlY7rJSOjA

• The pitfalls of percentage negotiations https://open.spotify.com/episode/6bxTgrdymCeW16Q7z5njUe?si=CvJts4NJQTCym7aVljaprw

• Divorce Decisions : Settling vs Court https://open.spotify.com/episode/5CzRfpKm6WjRhMecZqGZPy?si=Fl-B4jxfSeinxcgSDBI_kg