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Australia Property Settlement Calculator

Estimate how property may be divided under the Family Law Act 1975 — covering the asset pool, contributions assessment, future needs adjustments, and a just and equitable outcome.

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Property Pool (Step 1)
A$
A$
A$
A$
A$
A$
A$
years
Total Net Asset Pool
A$748,000
Net Property EquityA$430,000
Combined SuperannuationA$245,000
Cash & InvestmentsA$85,000
Debts DeductedA$12,000
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Advanced Calculator

4-step process visualisation (identify pool, contributions, future needs, just result) and contribution pie chart showing financial vs non-financial contributions per party.

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Asset Pool
A$
A$
A$
A$
A$
A$
A$
A$
A$
Contributions & Future Needs
A$
A$
%
1
Identify & Value the Property Pool
Net Family HomeA$430,000
Super (A + B)A$245,000
Joint SavingsA$45,000
VehiclesA$46,000
Other AssetsA$15,000
Less Debts−A$12,000
Total PoolA$769,000
2
Assess Contributions (Financial & Non-Financial)
Party A direct: 85% | Party B direct: 15%
After indirect adjustment: A = 73% | B = 27%
3
Future Needs (s79A Factors)
Future needs adjustment: +5% to Party B
Resulting split: A = 68% | B = 32%
4
Just & Equitable Result
Party A
A$522,920
68% of pool
Party B
A$246,080
32% of pool
Professional Simulator

Full analysis with Kennon non-matrimonial adjustment, add-back of wasted assets and dissipation, and Binding Financial Agreement vs consent order comparison.

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Asset Pool Summary
A$
A$
A$
A$
A$
A$
A$
Total Pool: A$810,000
Non-Matrimonial Contributions
A$
A$
A$
A$
years
Kennon-Adjusted Settlement
A$445,500 to Party A
Total PoolA$810,000
Kennon Adjustment (A)+A$0
Kennon Adjustment (B)+A$0
Party A TotalA$445,500 (55.0%)
Party B TotalA$364,500 (45.0%)
Kennon v Spry [2008] HCA 56: Non-matrimonial assets (inheritances, pre-marital assets) can receive special treatment — particularly where the marriage is shorter or the asset was kept separate. However, over time these assets "mingle" with matrimonial assets. After 20+ years, courts may treat all assets as the matrimonial pool.

How Australian Property Settlement Works

Under the Family Law Act 1975, Australian courts follow a 4-step approach to dividing property after separation. Unlike the UK's 50/50 starting point, Australia begins with a full accounting of contributions — both financial and non-financial — then adjusts for future needs and finally asks whether the result is "just and equitable".

Superannuation is included in the asset pool and can be split via a superannuation splitting order. There is a 12-month time limit for married couples (from the date of divorce) and 2 years for de facto couples (from the date of separation) to apply to the courts for a property settlement.

The 4-Step Approach

Step 1 — Identify and value the asset pool All assets and liabilities (jointly and separately held) Include: property, super, savings, business interests, debts Step 2 — Assess contributions Financial: initial assets, income, inheritances Non-financial: homemaking, parenting, improvements Step 3 — Consider future needs factors (s79A / s75(2)) Age, health, income, care of children, duration of marriage, time out of workforce, standard of living Step 4 — Just and equitable result The court must be satisfied the overall order is just and equitable considering all circumstances

Typical Outcomes

There is no formula or mandatory starting point in Australian family law. Outcomes depend heavily on the specific facts of each case. However, as a general guide:

Example Calculation

Example: 16-year marriage, primary carer with children

Family home equityA$430,000
Person A superA$180,000
Person B superA$65,000
Cash & investmentsA$85,000
Total net poolA$748,000
Contributions assessment55% / 45%
Future needs adjustment+5% to primary carer
Final split50% / 50% (approx)

In long marriages, contributions assessments often converge toward equality even when one party earned more, because courts give equal weight to financial and non-financial contributions.

Frequently Asked Questions

No. Australian family law has no presumption of equal division. The division is determined by assessing each party's contributions (financial, non-financial, and contribution to homemaking and parenting), then adjusting for future needs, and finally ensuring the result is just and equitable. In practice, many long marriages result in outcomes close to 50/50, but this is because contributions are assessed as broadly equal — not because equality is the starting point.
Yes. Superannuation is treated as property under the Family Law Act 1975 and is included in the asset pool. It can be split via a superannuation splitting order (either by dollar amount or percentage). The split takes effect when the fund is actually paid — usually at retirement. Super funds must be given notice and have procedures for implementing splitting orders. Only the interest accrued during the relationship is typically subject to splitting.
For married couples, you must apply for a property settlement within 12 months of your divorce becoming final (not separation — divorce). For de facto couples, you must apply within 2 years of the date of separation. After the time limit, you need leave (permission) of the court to apply, which is granted only in cases of hardship or substantial injustice. Acting quickly is important, as assets can change in value or be dissipated.
Assets held in family trusts or private companies are not automatically included but courts have wide powers to make orders that affect third parties (including trustees and companies). If the court is satisfied that a party has "effective control" or a "legal or equitable interest" in trust or company assets, those assets can be brought into the settlement pool. This is a complex area that frequently requires forensic accounting and specialist family law advice.
Yes. Most property settlements in Australia are reached by agreement, either through negotiation, mediation, or collaborative law. An agreement can be formalised as a Binding Financial Agreement (BFA) under Part VIIIA of the Family Law Act, or as Consent Orders (filed with the Family Court). Consent Orders are generally preferred as they can only be challenged in limited circumstances, whereas BFAs can be set aside if procedural requirements were not met or if the agreement was entered into due to fraud or undue influence.

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