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60/40 Split Divorce Australia, What You Need To Know

60/40 Split Divorce Australia, What You Need To Know

When a relationship ends in Queensland, one of the most important legal steps is dividing property, assets, and liabilities fairly. Whether you were married or in a de facto relationship, the law provides a structured process to reach a fair financial settlement.

There is no automatic “60/40” or “50/50” division. The Family Law Act 1975 (Cth) requires that all outcomes be just and equitable, based on the individual circumstances of each case.

If you’re going through separation, it’s wise to get legal advice early. VM Family Law in Ipswich and Brisbane can help guide you through this process on 07 3447 8966.

Please note: This is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: dev.vmfamilylaw.com.au/contact

What the Law Covers

In Queensland, property settlement is governed by the Family Law Act 1975 (Cth). The law allows the Court to make financial and property orders for both married and eligible de facto couples. These orders deal with all property and financial resources, including real estate, vehicles, savings, investments, businesses, and superannuation.

For married couples, an application must generally be made within 12 months of the divorce becoming final. For de facto couples, the time limit is two years from separation, unless the Court grants special permission.

How the Division Works

The Family Court uses a well-established process to determine how property should be divided. While every case is unique, the same basic steps apply:

  1. Identify and value the property pool
    All assets and liabilities are identified and valued, including jointly owned and individually held property, debts, and superannuation.

  2. Assess each party’s contributions
    Both financial and non-financial contributions are considered. This includes income, savings, renovations, homemaking, and parenting responsibilities.

  3. Consider future needs
    The Court takes into account factors such as age, health, earning capacity, care of children, and other personal circumstances that affect each person’s financial future.

  4. Ensure the outcome is just and equitable
    Finally, the Court determines what is fair overall, based on the evidence and all relevant circumstances.

There is no fixed percentage or formula. Each case depends on its own facts.

Understanding the So-Called “60/40 Split”

Many people refer to a “60/40 split” as if it were a standard outcome, but the law does not set any such rule. This figure simply describes one of many possible results when the Court considers that one party’s contributions or future needs justify an adjustment away from a 50/50 division.

A settlement might fall within that range, but it can only be reached after proper financial disclosure and assessment of both parties’ situations. The law’s focus is fairness, not fixed numbers.

Practical Considerations in Queensland

  • Full disclosure is essential. Each party must provide complete details of their financial position, including assets, debts, and superannuation.

  • Negotiation and mediation are encouraged. Many property settlements are resolved by agreement, often formalised through consent orders or financial agreements.

  • Time limits apply. Married couples must apply within 12 months of divorce finalisation; de facto couples within two years of separation.

  • Legal advice helps you understand your obligations, options, and likely outcomes. Property settlements can be complex, especially where children, superannuation, or businesses are involved.

  • Court intervention occurs only when agreement cannot be reached. The Court’s goal is always a fair and practical result for both parties.

Common Outcomes

  • Equal division (50/50): When contributions and future needs are broadly similar.

  • Unequal division (for example, 55/45 or 60/40): When one party has made greater contributions or has significantly higher future needs.

  • Business or investment interests: The value and role of each party in the business are taken into account, often with professional valuation.

  • Post-separation contributions: Payments such as mortgage or maintenance expenses after separation may be considered.

An “equal” outcome doesn’t mean each person receives half of every individual item. Instead, the overall value of the property each person receives should be fair in total.

Steps to Take

  1. Gather all financial documents and obtain valuations where necessary.

  2. Keep clear records of income, debts, and expenses.

  3. Seek legal advice before signing any agreement.

  4. Attempt negotiation or mediation first, where possible.

  5. If agreement cannot be reached, an application to the Federal Circuit and Family Court of Australia can be made.

Frequently Asked Questions (FAQs)

What does a 60/40 split mean in a divorce settlement in Australia?

A 60/40 split in divorce means one party receives 60% of the total asset pool, while the other receives 40%. This occurs when the court or parties determine that an unequal division is fair, based on factors like contributions, care of children, and future financial needs.

Is a 60/40 divorce settlement common in Queensland?

Yes, a 60/40 division is relatively common in Queensland when there is a modest difference in contributions or future needs between the parties. It is more typical than a 70/30 split and reflects cases where both parties contributed but one may require greater financial support post-separation.

What factors influence a 60/40 split in a divorce in QLD?

A 60/40 split is influenced by:

  • Financial and non-financial contributions

  • Primary care of children

  • Income disparity and earning capacity

  • Health or age-related needs

  • Length of the relationship

These are assessed using the four-step process under the Family Law Act 1975 (Cth).

Does having children affect a 60/40 divorce settlement?

Yes. If one parent is the primary caregiver of children, the court may award them a larger share of the property pool, such as 60%, to reflect their ongoing responsibilities and reduced capacity to earn.

Can we agree to a 60/40 split without going to court?

Yes. Couples can negotiate a 60/40 property split through mediation or private agreement, and formalise it using:

This avoids the stress and cost of litigation while making the agreement legally binding.

Is a 60/40 split always in favour of the lower-earning spouse?

Not always. While the lower-earning spouse or primary caregiver often receives the 60%, the court bases its decision on total contributions and future needs, not just income. Either party could receive the 60%, depending on the case.

Do I need a lawyer to agree to a 60/40 divorce settlement?

Yes. Legal advice is essential to ensure the proposed 60/40 split is fair, lawful, and enforceable. A family lawyer can help:

  • Review or draft the agreement

  • Ensure full financial disclosure

  • Advise on Consent Orders or a BFA under the Family Law Act

Final Thoughts

Property settlements can be one of the most complex parts of separation, especially when emotions, finances, and family responsibilities overlap.
While people often refer to figures like “60/40”, Australian law focuses on fairness and achieving outcomes that reflect real contributions and future needs.

At VM Family Law, we work with Queensland families to reach practical, respectful, and lawful outcomes through negotiation, mediation, or court representation. Call 07 3447 8966 or visit dev.vmfamilylaw.com.au/ for guidance tailored to your situation.

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