Are Property Settlements 50/50?

‍Equal division is a possible outcome, not a starting point. The division depends on the parties’ contributions and their particular current and future circumstances.

There is no statutory presumption of equal division and no presumptive equal starting point; equality as a starting point would be a presumption unauthorised by the legislation.

Each case turns on its own facts. However, the absence of a presumption of 50/50 in the legislation does not preclude an equal result where the analysis conducted by the Court produces it; it means people cannot simply assume a half share.

This being said, there are many property settlements that result in a 50/50. For example, many situations may result in a 50/50, or settle on a 50/50 basis:

If a couple has been married for 30 years, have independent adult children and both are retired after each making significant financial and parenting contributions throughout the relationship, a 50/50 may be a likely and equitable result.
If a couple have been together for 3 years, and both worked together saving money and buying their first home, and both earn a relatively similar income, a 50/50 may be a likely and equitable result.

There are factors that may point away from a 50/50 such as:

One person contributing significantly more to a relationship, such as a large inheritance late in a relationship;
One person having a vastly superior income than the other;
One person having significant medical needs, or that they can’t work;
One person having full care of young children;

Often times people will simply agree a 50/50 to avoid the stress and cost of going to Court, even if one party might receive an adjustment following a trial.