There's no automatic 50/50 — Australian family law uses a four-step process to reach a 'just and equitable' division.
Property division isn't split down the middle by default. The court works through a four-step process: identify and value the asset pool (property, super, savings, debts); assess each person's financial and non-financial contributions, including as homemaker and parent; consider future needs (age, health, care of children, earning capacity); and check the result is just and equitable.
This applies to married and de facto couples. There are time limits: generally 12 months after divorce, or 2 years after a de facto separation.
Most matters resolve by agreement — via Consent Orders or a Binding Financial Agreement — without court. We help you reach a fair outcome and make it binding.
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Book a consultMore on Family & divorce →General information only, specific to Victoria and current as at 2026 — not legal advice. Please contact us for advice about your particular situation.