The Family Court has very wide powers to divide the property in whatever way it thinks is fair. No two cases are the same and separating couples should get legal advice from a lawyer who specialises in family property law.

There is no rule that property will be divided 50/50, or that it will be divided according to any fixed proportion. Rather, the Court considers the circumstances of each family and tries to do what is fair. The marriage is not regarded as a way of equalising the property of the spouses, as it might in a 'community property' jurisdiction, and on separation the Court's aim is to leave each spouse with a fair share having regard to what they put in, and their needs and responsibilities post-marriage, to the extent that the available property permits this.

The court considers two separate factors when it is making its decision; firstly the contribution each person has made to the property and secondly their future needs.