Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia

Are you trying to figure out how to divide the property after your separation or divorce? In this eye-opening episode, I sit down with my mum, but also an experienced family lawyer — and we walk you through the eight most common ways people settle property in Australia.

Whether you’re hoping to keep the house, want a clean break, or are totally confused by super splitting, we’re breaking it all down for you. From simple percentage splits to creative asset swaps — and even the risks of doing absolutely nothing — this episode is your go-to guide for understanding your options.

If you’ve been wondering how the Family Court might view your proposed agreement, or you just want clarity before making any big decisions, this one’s for you.

⚠️ Trigger Warning: We do talk about separation, divorce, and family and domestic violence in this episode.
📌 Legal Disclaimer: Everything shared here is general info only — not legal advice. Always speak to your own lawyer about your unique situation before making any decisions or signing anything.

 

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🎧 Listen to This Episode If You:

🏡 You’re separated and thinking about how to split your assets

🤔 You’ve heard “it’s always 50/50” and you’re not sure if that’s true

🔑 You’re trying to keep the house, super, or a specific asset

😵‍💫 You’re overwhelmed by all the legal options

😟 You’re scared of doing the “wrong” thing with your property settlement

⚖️ You want a fair deal that protects your financial future

🧠 You’re a visual thinker and need real examples to understand your options

DISCLAIMER: THIS IS NOT LEGAL ADVICE just a discussion about Australian Family Law and Divorce or DeFacto Separation.

 

🔑 Key Topics Discussed in This Episode

1. What a property settlement actually is – and why it matters after separation
   
   

2. Common myths about property division – including the truth behind “it’s always 50/50”
   
   

3. The 8 different ways you can reach a property settlement – from informal agreements to full court proceedings
   
   

4. How to decide which option is right for you – based on your safety, finances, and communication with your ex
   
   

5. The risks of doing nothing – and why delays can cost you more than just money
   
   

6. Keeping the house, super, or other assets – what’s realistic and what the court considers
   
   

7. How to protect yourself legally and financially – especially in high-conflict or coercive control situations
   
   

8. When and how to get legal advice – and how to prepare for it
   
   

9. Case examples to help you understand what each option might look like in real life
   
   

10. What to do if your ex won’t cooperate or communicate

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🎙️ Related Episodes:

• Consent Orders vs BFAs: What’s Best for You https://open.spotify.com/episode/5qgGhdAl5UaOo7LHb2Yf5Y?si=1d87hZ-iQ2iPadSuzyHBAQ
  
  

• I Really, Really Want to Keep the House
  https://open.spotify.com/episode/6TzW9skKgvO8fjm0gcFPRg?si=uz9H0V3eRsaXzKKoLlMfaA

• Selling the House in Divorce: What You Need to Know
  https://open.spotify.com/episode/6YUc34CVu6aCmunjQT1Sp6?si=7I8graLWQrm3PD_4brxOng

 

⚠️ Emergency Contacts & Support Services:

💜 Women’s Shelter Service: Call 1800 811 811
⚖️ Legal Aid: Visit Legal Aid Website
📞 Lifeline (24/7 Crisis Support): Call 13 11 14
👨‍👦 Mensline Australia: Call 1300 789 978
👧 Kids Help Line: Call 1800 551 800
🚨 National Domestic Violence Hotline (1800 RESPECT): Call 1800 737 732
🖤 Aboriginal Family Domestic Violence Hotline: Call 1800 019 123

 

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⏳ Episode Timeline:

0:00 – Trigger warning and legal disclaimer

1:00 – What are we covering in today’s divorce property settlement episode?

2:00 – What is the classic percentage split in a divorce—and how does it work?

3:30 – Why isn’t property always divided 50/50 in a divorce? What factors do courts consider?

5:30 – What are the risks of saying “You take the house, I’ll take the super” during divorce?

7:00 – When would this kind of divorce agreement be rejected by the court?

9:00 – Should we just sell everything and divide the cash after a divorce?

11:30 – Why can selling assets post-divorce shrink your overall property pool?

13:00 – What happens if one person buys the other out in a divorce settlement?

15:30 – How do you make sure the house is valued fairly during divorce proceedings?

17:00 – Can we trade assets like cars for cash or super for shares in a divorce?

18:30 – Is super always equal in value when dividing assets in divorce?

20:00 – What is superannuation splitting—and how does it work in a divorce?

22:00 – Is equalizing superannuation always a fair solution in divorce settlements?

23:30 – Can one person take on debt in exchange for more assets—and is that safe in a divorce?

25:00 – What are the legal risks when one partner takes on joint debt after divorce?

27:00 – What happens if we leave everything as it is and avoid a divorce property settlement?

29:30 – What real divorce stories show why doing nothing can go wrong?

33:00 – What are the new 2025 divorce-related laws—and how does post-separation spending affect your case?

34:30 – How can you figure out what’s fair in your unique divorce situation?

 

 

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Episode 193 Beyond 50/50: Creative & Legal Ways to Settle Property in Divorce in Australia

 

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