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