The judge will be guided by some general principles when they divide your relationship property:
men and women have equal status
each partner has made an equal contribution to the relationship so relationship property should usually be shared equally (50:50)
it usually doesn’t matter if 1 person is more responsible than the other for the break-up of the relationship
unpaid work, such as caring for children and running the home, is equal in value to paid work.
Length of relationship
Together more than 3 years
If you’ve been married or in a civil union or de facto relationship for more than 3 years, relationship property will be divided equally, unless the court thinks that would be extremely unfair.
Together less than 3 years
If your marriage or civil union has lasted less than 3 years, the family home and contents will be shared based on what each of you has brought to the marriage or civil union if:
they were owned by 1 of you before the marriage or civil union began
they were received by 1 of you as a gift or under a will during the marriage or civil union
1 of you made a far greater contribution to the marriage or civil union.
Most people who have lived together in a de facto relationship for less than 3 years will not be covered by the Property (Relationships) Act 1976, unless there’s a child involved or 1 person has made a significant contribution to the relationship.
Times when relationship property isn’t divided equally
If the income and living standards of 1 person is likely to be much higher than the other person’s after the relationship ends, the court can give more to the other person. The court can do this by:
ordering 1 person to pay maintenance to the other person (this means 1 of you will need to regularly give the other person money for a set amount of time)
giving 1 person a one-off amount of money or more of the relationship property or some of the separate property.