Will I Receive 50% of Everything?

There is no such rule as a 50/50 split

A lot of times we find that you may receive advice from friends or family that is normally given with good intentions and comes often as a result of their own experiences. Unfortunately, this advice is usually misleading and creates false expectations. It is important to realise that one person’s settlement will probably be different from others you may have heard about.


No two relationship are the same. No two property settlements are the same.


The law sets out a number of things that must be studied to calculate how assets should be distributed after the breakdown of either a marriage or de facto relationship.


This can be used as a guide for either negotiating in mediation or going to court for your property settlement.

How much will I get?

From our experience, we know that Australian Courts have developed a 4 step approach to help you understand how much you’re entitled to and how much you need to pay.


Step 1 – establish the asset pool


You will both need to check the combined value of all of your assets. You will also need to confirm the combined value of all of your debts or the money you owe to banks, the Government or any other person or entity.


Step 2 – check the contributions each person made during the marriage


This includes financial or non-financial contributions.


Financial contributions can include wages, government payments, any gifts or inheritances received.


Non-financial contributions include doing house-work, looking after the children of the relationship,  and renovating the house. Basically, it can include anything that helped maintain the house, the family and the relationship.


Step 3 – look at the future needs of each person


You may have different living requirements than others and need to have the finances to maintain your health or a certain standard of living. The courts look at a variety of things here, including future earning capacity, the health of each person, the ages of each person, and who will be looking after the kids.


Step 4 – review everything and decide who gets to keep the property


The court looks at whether or not their decision will be equitable and fair to both of you. The court will then decide on whether or not you keep certain assets or if they are to go to your ex.

How To Get A Divorce?
Application for Divorce
How much does a divorce cost?
How Long Will It Take For My Divorce To Be Finalised?
Do I Have To Attend Court To Get A Divorce?
What is a Divorce Hearing?
How to get a divorce in Australia if married overseas?
Divorce Counselling
Should I Change my Will After a Divorce?
Child Custody
What are the best interests of the child?
Where Will My Children Live?
What is equal shared parental responsibility in Australia?
Sole Parental Responsibility
Visitation Rights
Changing A Child Custody Agreement
Child Relocation After Divorce
How To Prevent My Child Going Overseas?
What is Supervised Contact?
Child Passport After Divorce
Property Settlement
How Much Will I get?
Will I Receive 50% of Everything?
Coming To An Agreement Outside Of Court
Do I Pay Stamp Duty To Transfer My Property After A Divorce?
Financial Agreements
What is a Prenup?
What Can I Put In A Prenup?
Is It Too Late For A Prenup?
What Are The Pros and Cons of Financial Agreements?
What Financial Agreements Are There?
How Do I Make Sure My Agreement Is Binding?
How Can I Get A Prenup Set Aside?
Consent Orders
Why do I need Family Court Consent Orders?
Application for Consent Orders
Breach of Consent Orders
Child Support
What is Child Support?
Apply for Child Support
Child Support Calculation
Changing Child Support
Family Mediation
5 Tips to Help Prepare for Family Mediation
What is a s60i Certificate?
Going to Court
Starting An Application
Filing A Response
Can You Be Separated And Live In The Same House?
Domestic Violence
ADVO – Apprehended Domestic Violence Order
Remove My ADVO
What Is Child Abuse?
Father's Rights After Separation
Formalise Your Agreement
Tip's For Fathers
De Facto Relationships
Definition of De Facto Relationship
Rights in a de facto relationship
Contact us for your Free initial consultation. Available at our Sydney CBD office or on the telephone.