What You Need to Know About 70/30 Divorce Settlement in Australia

What Does a 70/30 Divorce Settlement Mean?   

Many people facing separation and divorce in Australia become concerned that they may be facing a 70/30 divorce settlement. However, this is one of the most misunderstood aspects of property division after separation. While 70/30 splits do happen, they’re far less common than most people believe.

If you’re facing a property settlement in Townsville or anywhere in Queensland, understanding how courts actually divide assets can help you set realistic expectations and protect your interests. The reality is courts don’t follow fixed formulas – every case is assessed on its unique circumstances under the Family Law Act 1975.

Key Takeaways

• A 70/30 split means one party receives 70% of the total property pool and the other gets 30%.
• These splits are uncommon – most property settlements fall between 55/45 and 65/35.
• Courts follow a 4-step process considering contributions, future needs, and what’s “just and equitable”.
• There’s no automatic 50/50 presumption in Australian family law.
• You’ll likely need experienced family lawyers in Townsville to navigate the process and achieve a fair outcome.

What Does a 70/30 Divorce Settlement Actually Mean?

A 70/30 divorce settlement refers to how the total “property pool” – all assets and liabilities combined – gets divided between separating partners. In this scenario, one party receives 70% of the total value, while the other receives 30%.

Here’s what many people don’t realise: the property pool includes everything you own together or separately – the family home, superannuation, savings, investments, vehicles, even debts. It’s not just about who paid the mortgage or whose name is on the title.

With 48,100 divorces granted across Australia in 2024, and property settlements varying wildly from case to case, a 70/30 split represents a significant imbalance that only occurs when specific circumstances justify it.

Most couples end up somewhere between 55/45 and 65/35. A 70/30 division typically arises when one party has made substantially greater financial contributions, faces significant future disadvantages, or where the relationship was short with unequal asset contributions.

The 4-Step Process Courts Follow

Under Section 79 of the Family Law Act 1975, Australian courts use a structured 4-step process to determine property division. This applies whether you’re negotiating outside court or headed to the Federal Circuit and Family Court of Australia.

Step 1: Identify and Value the Property Pool

First, everything gets tallied up – assets you brought into the relationship, acquired during it, or even after separation. This includes:

• Real estate (family home, investment properties)
• Superannuation and retirement funds
• Bank accounts, shares, and investments
• Vehicles, businesses, and personal property
• Debts, mortgages, and credit cards

Accurate valuation matters. Getting property or business valuations from qualified professionals prevents disputes later and ensures both parties start from the same financial picture.

Step 2: Assess Each Party’s Contributions

Courts evaluate both financial and non-financial contributions throughout the relationship. Australian family law treats both contributions as equal in principle.

• Financial contributions include income, savings, assets brought into the marriage, inheritances, and direct investments in property or businesses.
• Non-financial contributions include homemaking, raising children, supporting a partner’s career, and maintaining the household. 

This is where many people get it wrong. The fact that you were the primary income earner doesn’t automatically entitle you to more. Courts recognise that caring for children full-time while your partner advanced their career represents a significant contribution to the family’s wealth.

Step 3: Consider Future Needs

This step often tips the scales towards an unequal division. Courts assess:

• Earning capacity – If one spouse sacrificed career opportunities for family responsibilities, they may receive a larger share to compensate for reduced future earning potential.
• Age and health – Health challenges or age-related limitations that impact financial independence factor into the equation.
• Care of children – Primary caregivers with ongoing parenting responsibilities typically need more resources to provide stable housing and care.

From June 10, 2025, new amendments to the Family Law Act now explicitly require courts to consider the economic impact of family violence on a party’s ability to contribute and their future circumstances. This represents a significant shift in how property settlements are determined.

Step 4: Ensure a Just and Equitable Division

Finally, courts step back and ask: “Is this outcome fair given all the circumstances?” They’ll consider whether the proposed division leaves both parties in a reasonable position to move forward with their lives.

When Does a 70/30 Split Actually Happen?

A 70/30 property settlement typically occurs in specific circumstances:

• Short relationships with unequal contributions: If one partner brought $500,000 in assets to the relationship, and no children are involved, courts may preserve most of that initial contribution.
• Significant career sacrifices: A primary caregiver who left the workforce for 15 years to raise children may receive a larger share to compensate for lost earning capacity and superannuation.
• Health or disability factors: If one party has health limitations that significantly impact their ability to support themselves, they may need a greater share of assets.
• Substantial initial assets: When one partner enters the relationship with considerable wealth or property that hasn’t significantly increased in value during the relationship.

However, here’s the critical point: even when these factors are present, courts still consider what’s fair overall. A 70/30 split isn’t automatic – it must be justified by the evidence.

How to Strengthen Your Position

If you’re headed towards a property settlement, take these steps:

1. Document everything

Keep records of financial contributions, but also document your non-financial contributions – caring for children, maintaining the home, supporting your partner’s career. Text messages, photos, and bank statements all help build your case.

2. Get professional valuations

Don’t guess at what your home or business is worth. Accurate valuations prevent disputes and establish a solid foundation for negotiations.

3. Consider mediation first

Most property settlements are resolved outside court through negotiation or family dispute resolution. Mediation is faster, cheaper, and gives you more control over the outcome than leaving it to a judge.

4. Seek legal advice early

Property settlement laws are complex, and the June 2025 amendments introduce new considerations, including the impact of family violence. Experienced divorce lawyers can identify factors you might have missed and advocate for a fair result.

Need Help with Your Property Settlement in Townsville?

Property division after separation is rarely straightforward. Whether you’re concerned about receiving a fair share, protecting assets you brought into the relationship, or ensuring your future needs are considered, you need experienced legal support.

70/30 divorce settlements aren’t the norm in Australia – they’re the exception. The best outcomes come from preparation, documentation, and professional guidance. 

Our family lawyers in Townsville have helped hundreds of clients across North Queensland achieve fair property settlements. We understand how courts assess contributions and future needs, and we’ll work to protect your interests whether through negotiation or court proceedings.