Is the division simply 50/50 for a property settlement?

• No. The most important consideration for the court is that the settlement is ‘just and equitable’.
• This will mean different things in different cases. The percentage which the court considered just and equitable in your friend’s case may be very different from the percentage which the court awards to you.
• If you cannot reach your own agreement the court will carefully analyse the facts of your case against a number of questions before making its decision. These include:
  • the combined assets and liabilities of the parties;
  • past contributions;
  • future needs; and
  • what the court considers to be fair in the circumstances.