What Percentage of the Property Does the Wife Receive After a Divorce?

Property settlements are often one of the most misunderstood aspects of divorce, with many people wondering whether a wife is automatically entitled to a certain percentage of the assets. Under Australian family law, property division is not based on gender and there is no fixed percentage that applies in every case. In this guide, the team at O’Sullivan Davies explains how property settlements are assessed and the factors that influence each party’s entitlement.

Divorce and Property Settlements Are Separate Processes

Firstly, it is important to understand that divorce and property settlements are two separate processes. In Australia, a divorce order simply means that you are not married anymore. It is not linked to property matters, save that you must finalise your property settlement within 12 months of an Australian divorce order being made final.

The Court’s Approach to Property Division

Gender plays no role in family law property divisions. Section 79 of the Family Law Act 1975 (Cth) sets out the pathway the court will take in deciding the percentage each party receives.

The court will first determine whether it is just and equitable to make an order altering the parties’ property interests. The court will then identify both parties’ contributions to the asset pool and arrive at a percentage for each party (for example, 50/50).

The division may then be adjusted after the court has considered both party’s current and future circumstances. One party might receive an adjustment of more of the assets to account for this. Finally, the court will make orders to give effect to the overall division.

Speak With an Experienced Divorce Lawyer

If you have questions about property division following a separation or divorce, the team at O’Sullivan Davies can help. Contact our experienced divorce lawyers today for practical advice and support tailored to your circumstances.