I entered a marriage with four properties, while my ex brought in no assets. We were married for 16 years, during which I worked and covered all expenses, including maintenance and renovations. My ex stayed home and did not work.

We now share equal care of our two children (11 and 15). The total asset pool is around $2 million, with all properties still in my name as they were purchased before marriage.

There are no issues of misconduct. However, I now have a back injury, limiting my work capacity to 20 hours per week, while my ex is in good health and earning a similar wage.

Given these factors, what percentage split can I expect in a settlement? I’d like to make a fair offer.

This response provides general information only and should not be considered legal advice. For legal advice specific to your situation, you should consult a qualified family lawyer.

Under Australian Family Law, property settlements following a separation or divorce are determined based on the Family Law Act 1975 (Cth). The four-step approach applied by the courts considers:

1. Identifying the Asset Pool

   • The total asset pool is approximately $2 million, and all properties were purchased before the marriage, remaining in your name. However, the Family Court does not solely consider legal ownership—assets acquired before, during, or after the relationship can still be subject to division.
   • Superannuation and liabilities are also considered as part of the asset pool.

2. Contributions of Each Party

   • Financial Contributions: You were the sole financial contributor, covering all costs, including car registration, servicing, renovations, and maintenance.
   • Non-Financial Contributions: Your ex-partner was a stay-at-home parent for most of the marriage, which is viewed as a significant non-financial contribution in the Family Court, particularly when raising children.
   • Homemaker and Parenting Contributions: These are weighted heavily, particularly in long marriages like yours (16 years).

3. Future Needs and Adjustments

   • You now have a back injury that limits your working capacity to 20 hours per week, requiring retraining.
   • Your ex is in good health, qualified, and earning at a similar rate.
   • This factor could result in a small adjustment in your favor due to your reduced earning capacity.

4. Just and Equitable Division

   • Given the length of the marriage (16 years) and equal parenting responsibilities post-separation, the court is likely to consider a fair division rather than strictly adhering to financial contributions.
   • Despite all properties being purchased pre-marriage, your ex’s role as the primary homemaker and carer during the marriage is significant in Family Law considerations.
   • Courts often start at 50/50 in long marriages, adjusting based on contributions and future needs.

Estimated Percentage Split

• Since you were the sole financial contributor, you might argue for a higher split in your favor (e.g., 60/40 or 65/35).
• However, due to the length of the marriage, non-financial contributions, and equal parenting, a 50/50 split is still a strong possibility.
• If your injury significantly affects future earnings, you may negotiate for an adjustment closer to 55/45 in your favor.

Making an Offer

• If you wish to settle privately without court involvement, you could propose an offer within the 50-60% range in your favor.
• A Binding Financial Agreement (BFA) or Consent Orders through the Family Court can formalize any agreement to prevent future claims.

Again, consulting a family lawyer is highly recommended before making any formal offers. A lawyer can assess your specific circumstances, potential settlement range, and whether your proposed division is legally sound and enforceable.