Victorian legal guide

How is property divided after separation in Victoria?

General information for people in Victoria · ORLA Connect

There's no fixed 50/50 rule for dividing property after a separation in Victoria. The law looks at each couple's circumstances and aims for a division that is "just and equitable".

What generally gets considered

  • The total asset pool — property, savings, super, debts
  • What each person contributed, financially and non-financially (including caring for children)
  • Each person's future needs — income, health, care of children

It applies to de facto couples too

Property division isn't only for married couples. De facto partners can also have property matters dealt with under family law, subject to certain requirements.

Most matters settle without a trial

Many property settlements are resolved through negotiation or mediation and formalised in consent orders or a binding financial agreement — not a courtroom battle.

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Is property split 50/50 in Victoria?
Not automatically. The law aims for a just and equitable division based on your circumstances, not a fixed percentage.
Do de facto couples get property settlements?
Yes, de facto partners can have property matters dealt with under family law, subject to certain requirements.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.