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A Guide to 70/30 Divorce Settlements in Australia
Divorce is never easy, and when it comes to dividing assets, things can get even trickier.
06:05 05 March 2025
Introduction
Divorce is never easy, and when it comes to dividing assets, things can get even trickier. If you've heard of a 70/30 divorce settlement in Australia, you might be wondering: Is this a standard split? How do courts decide who gets what? And most importantly—will I end up with the short end of the stick?
Fear not! This guide breaks down everything you need to know about 70/30 settlements, from how they happen to whether you could be looking at such an outcome yourself.
Key Takeaways
- A 70/30 split is not automatic—family courts determine settlements based on fairness.
- Financial contributions, non-financial contributions, and future needs influence property division.
- A 70/30 outcome typically occurs in cases where one party has made significantly higher contributions or has greater future needs.
- Misconduct, such as financial waste, can also impact the final decision.
- Seeking legal advice can help ensure you receive a just and equitable settlement.
Understanding the 70/30 Divorce Settlement
What Does a 70/30 Split Mean?
A 70/30 divorce settlement refers to a property division where one party receives 70% of the assets, while the other gets 30%. Unlike a simple 50/50 split, this uneven distribution often reflects substantial differences in financial contributions, caregiving roles, or future needs.
Is a 70/30 Split Common in Australia?
While equal division is a starting point, the Family Law Act 1975 ensures settlements are "just and equitable" rather than strictly 50/50. A 70/30 split may be applied when one party has made significantly higher financial contributions or has greater financial needs post-divorce.
Factors That Influence a 70/30 Settlement
Financial Contributions
Courts consider who brought in the money—income, property, and investments. If one spouse was the primary breadwinner, this could influence an uneven division.
Non-Financial Contributions
Homemakers and parents contribute significantly—just because you weren’t earning an income doesn’t mean your efforts are worthless! Caring for children, managing a household, and supporting a partner's career are all factors courts consider.
Future Needs
If one party has limited earning capacity, health issues, or primary care of children, they may receive a larger share of the assets.
Misconduct & Financial Waste
"If your ex blew thousands on gambling, holidays, or luxury handbags, the court may not be too sympathetic to their financial woes."
Wasting shared assets irresponsibly can result in an uneven split to compensate the other party.
How to Negotiate a Fair Settlement
Reaching an agreement outside of court can save time, money, and stress. Here’s how you can negotiate effectively:
- Know Your Rights – Understanding family law helps you make informed decisions.
- Full Financial Disclosure – Ensure both parties are transparent about assets and debts.
- Consider Mediation – Family dispute resolution services can help you reach a fair agreement.
- Hire a Lawyer – A legal expert ensures your rights are protected.
- Think Long-Term – Focus on future financial stability rather than short-term wins.
Real-Life Scenarios: When a 70/30 Split Might Apply
Scenario 1: The Primary Breadwinner Case
Sarah and Tom were married for 20 years. Tom was the sole income earner, while Sarah stayed home to raise their three children. Post-divorce, Sarah's future earning potential is lower, so the court awards her 70% of assets.
Scenario 2: The High Earner vs. Low Earner Case
Michael and Lisa both worked full-time, but Michael earned significantly more. Lisa’s income was modest, and she struggled financially after separation. Due to her greater future needs, Lisa received 70% of the settlement.
Scenario 3: Financial Waste Case
Jake and Emily shared assets equally until Jake recklessly spent thousands on gambling and luxury cars. To compensate Emily for the loss, the court awarded her 70% of the remaining assets.
Conclusion
A 70/30 divorce settlement isn’t about punishing one party—it’s about fairness. Courts consider financial and non-financial contributions, future needs, and even financial misconduct when making decisions.
If you're facing a property settlement, don't go it alone. Testart Family Lawyers can help you navigate the process and ensure you receive a fair outcome. Book a consultation today and take the first step toward securing your financial future!