People often come to us believing that a 50 – 50 property settlement is normal, and the way the court would inevitably order in every case. That’s just not correct.
In fact there is no rule whatsoever that parties have to divide their assets equally at separation.
The percentage division for a property settlement depends on many factors, including the length of the relationship, the financial contributions of the parties, the non-financial contributions of the parties, and the current and future needs of the parties, including their income, and the care of children.
The reality is that 50 – 50 outcomes are actually quite rare because usually the facts of the case, either historically in terms of contributions the parties have made, or their differing future circumstances as they emerge from the marriage or relationship means that an adjustment in percentages is appropriate.
Many cases end up with 60 -40, 70 – 30, or even higher based on the combination of all the factors the court considers.
Macpherson Family Law are experts in Family Law property settlement. For more details click here.