What Is a 70/30 Divorce Settlement in Australia?
Dividing assets after separation can be one of the most complex and emotional stages of the divorce process. A 70/30 divorce settlement in Australia refers to a situation where one party receives 70% of the property pool, and the other receives 30%. While it may sound straightforward, the outcome depends on many individual factors, including each person’s contributions, financial position and future needs. If you’re unsure where you stand, our Gold Coast family lawyers can help you understand your options and work toward a fair outcome.
Understanding the 70/30 Divorce Settlement
A 70/30 divorce settlement in Australia means the court or parties have agreed that one person should receive a more significant portion of the total property pool. This does not mean the court applies a set formula. According to the Family Law Act 1975 (Cth), property settlements must be just and equitable. Each decision is based on the unique circumstances of the relationship.
When determining a fair outcome, the court considers financial contributions (such as income and assets), non-financial contributions (such as homemaking, parenting, or supporting a partner’s career), and future needs (including health, age, and earning capacity). The aim is to achieve an equitable division, not necessarily an equal one.
While a 50/50 division is common, a 70/30 divorce settlement may be appropriate where one partner has made greater past contributions or faces more significant future needs.
How Assets Are Divided in a Divorce Settlement
Under Australian family law, courts and lawyers follow a four-step process to determine how the property pool should be divided. This process is sometimes referred to as property division, as it sets out how to divide property and achieve fair asset distribution between the parties involved.
- Identify and value the asset pool.
This includes the family home, bank accounts, superannuation, investment properties, vehicles, and family loan guarantees, as well as any assets acquired during the relationship. - Assess each party’s contributions.
These may include financial contributions (such as wages, savings, or direct investments) and non-financial contributions (raising children, maintaining the home, or supporting a partner’s career). - Consider each party’s future needs.
Factors such as health concerns, earning capacity, age, and primary caregiving responsibilities are reviewed to understand what each person may require moving forward. - Ensure the outcome is just and equitable.
Finally, the court considers all the circumstances to determine whether the proposed division of property is fair and reasonable.
The property settlement process ensures that assets divided between the parties reflect both their past efforts and their future situations. In some cases, the court may find that a 70/30 split is a fair result given the contributions and needs of the people involved.
When a 70/30 Asset Split May Occur
A 70/30 asset division can arise in several scenarios under Australian family law. The court looks at the total property pool and all the circumstances to determine whether one person should receive a more significant portion of the marital assets. Common examples include:
- Primary caregiving responsibilities: One partner may have paused or limited their career to care for children, reducing their long-term earning potential.
- Health issues or reduced earning capacity: A person facing chronic health concerns may have higher future expenses and a limited ability to earn income.
- Substantial assets brought into the relationship: If one partner entered the marriage with significant assets or inherited property, this can influence the final percentage split.
- Family loan guarantees and financial agreements: If one spouse remains liable for loans or debts linked to family businesses, they may receive a larger share to balance that responsibility.
- Domestic violence or financial control: Where abuse or financial restrictions have limited one party’s independence, the court may adjust the division to achieve a fairer outcome.
The court may also consider indirect contributions (such as supporting a partner’s business or managing family finances) as these can significantly influence both the overall division and a person’s future financial stability.
Every property settlement is unique. The aim is to ensure that the final division represents a just and equitable outcome based on both parties’ circumstances.
How Common Are 70/30 Property Settlements in Australia?
A 70/30 property settlement in Australia is less common than an equal or near-equal division, but it does occur when the evidence supports a significant difference in contributions or future needs. The Family Court does not begin with a 50/50 assumption. Instead, it looks at what is just and equitable under the Family Law Act 1975 (Cth) based on the unique facts of each matter.
In many cases, property settlements fall somewhere between 55/45 and 60/40, reflecting moderate variations in each party’s financial and non-financial contributions. A 70/30 divorce settlement usually indicates a more pronounced imbalance. For example, one partner being the primary caregiver, experiencing health concerns, or having a lower earning capacity due to career sacrifices made during the relationship.
While less frequent, 70/30 outcomes highlight the flexibility of Australian family law to deliver a just and equitable outcome rather than a fixed formula. Each case is decided on its own evidence, taking into account financial resources, all the assets, all the circumstances, and the future needs of both parties involved during court consideration.
Where possible, these outcomes are best achieved through negotiation or family dispute resolution, helping both parties avoid unnecessary stress and expense while working toward a fair and practical resolution.
Negotiating Settlements and Avoiding Court
Many divorce settlements in Australia, including 70/30 divisions, are resolved outside of court. Family dispute resolution, negotiation, or mediation can help parties agree on a fair division without litigation.
Wherever appropriate, we work to resolve family law matters out of court through negotiation and family dispute resolution. If court is required, our team provides focused legal representation to help achieve a fair and equitable outcome.
A binding financial agreement can formalise an agreed asset division, providing certainty for both parties and avoiding the stress and cost of court proceedings.
Learn more about binding financial agreements
Why Legal Advice Matters in Complex Property Settlements
The divorce process involves careful consideration of financial documents, marital assets, and the total property pool. Seeking legal advice early ensures that your financial contributions, future needs, and parenting responsibilities are properly accounted for.
Early engagement with a family lawyer can also help you manage legal fees efficiently and ensure you receive the right level of legal representation throughout your matter. Whether your case involves substantial assets, investment properties, or health issues, professional guidance can make a significant difference in achieving a fair settlement.
Achieving a Fair, Equitable Outcome
A 70/30 divorce settlement in Australia does not represent a standard formula but rather a tailored response to the unique circumstances of each relationship. The court’s role is to ensure a just and equitable distribution that considers each party’s past contributions, future needs, and the assets available.
At Marino Law, we provide calm, practical guidance to help you navigate property settlements with clarity and confidence. Our goal is to help you move forward with certainty, knowing that your outcome reflects both fairness and your individual situation.
Know where you stand. Contact Marino Law for informed legal advice and to gain a clear pathway toward an equitable resolution.
