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Legal guide · Victoria

How is property divided after separation in Australia?

There’s no automatic 50/50. The court looks at the whole picture — contributions, future needs and what’s fair. We’ll tell you where you’re likely to stand.

Family & divorce

Contrary to a common myth, there’s no automatic 50/50 split. Property settlement in Australia follows a structured approach that looks at the whole picture and what’s just and equitable.

What the court considers

The asset pool (including superannuation), each person’s financial and non-financial contributions (including as homemaker and parent), and future needs — like care of children, income and health.

Superannuation counts

Super is treated as property and can be split as part of the settlement, which many people don’t realise.

Agreement beats court

Most settlements are reached by agreement and formalised as consent orders or a binding financial agreement — far cheaper than a contested case.

How we help

We assess your likely entitlement, negotiate a fair settlement, and formalise it properly. Book a consult to find out where you stand.

Common questions

Good to know

Is property split 50/50?

Not automatically — there’s no set split. The court looks at contributions, future needs and what’s just and equitable.

Is superannuation included?

Yes — super is treated as property and can be split as part of a settlement.

General information only — for advice about your situation, see more guides or book a consult with ORLA Legal.

Separated? Understand your property position.

Speak with an experienced Victorian lawyer — book online, or call us 24/7.

The ORLA group · one team

Buying, selling or refinancing? We handle the whole move.

ORLA Legal works hand-in-glove with our sister services, so your loan, your conveyancing and your property search are coordinated by one team — all the way to settlement.