Frequently asked questions
Specific questions about the Property Split Calculator — how it works, what it produces, and what its limits are.
Is this legal advice?
No. The Property Split Calculator is a structured modelling tool, not a legal service. It applies the Family Law Act framework to your inputs to produce estimated outcomes. What it produces is a starting point for thinking and a structured brief for a lawyer — not a legal opinion, not a consent order, and not a court document. Always seek independent advice from a qualified Australian family lawyer before finalising any arrangement.
Can I file the draft consent orders generated by the tool directly with the court?
No. Draft consent orders produced by the calculator are a drafting aid only. Before filing with the Federal Circuit and Family Court of Australia, consent orders must be reviewed and signed off by a qualified Australian family lawyer. Filing orders without legal advice is not recommended — errors in consent orders can be difficult and costly to correct after the fact.
Does using this tool create any legal obligation?
No. Nothing produced by this tool is binding on either party. You are modelling scenarios — no agreement is created, no order is made, and no legal proceeding is commenced. You can model any scenario, close the browser, and nothing has changed legally.
Does the tool apply to Western Australia?
Western Australia operates under its own state family property law (the Family Court Act 1997 WA) rather than the federal Family Law Act for de facto couples. The framework is broadly similar but there are differences. Married couples in WA are still covered by the federal FLA. If you are in a de facto relationship in WA, the outputs should be treated as indicative only — seek advice from a WA family lawyer.
Is my data saved anywhere?
No. The calculator runs entirely in your browser. No data is transmitted to any server, stored in a database, or accessible to anyone other than you. When you close the browser tab, the session data is gone. This is intentional — your financial details are sensitive and should stay on your device.
What happens when I export the PDF?
The PDF is generated locally in your browser from your session data. It is not uploaded to a server during generation. The resulting PDF file is downloaded to your device like any other file. It is your document to share or keep as you see fit.
Can the other party see what I have entered?
No. Because no data is stored on a server, there is no shared access. Each person uses their own browser session. If you share the PDF with the other party, you are sharing it — the tool does not share anything automatically.
How accurate is the split estimate?
The calculator applies a structured model based on the Family Law Act framework and your inputs. The accuracy of the output depends entirely on the accuracy of your inputs — garbage in, garbage out. With good estimates, the model will give you a reasonable indication of where a negotiated settlement might land. It cannot replicate what a court would decide, what a mediator would recommend, or what an experienced lawyer would advise — all of which depend on the specific facts and circumstances of your matter.
How are the contribution weights determined?
The default weights for each contribution type (initial financial, ongoing financial, non-financial, homemaker/parent) are set based on common frameworks used in Australian family law practice. They are configurable — you can adjust them to reflect your view of how the court or a negotiation might weight the factors in your specific case. There is no single correct answer; the weights are a starting point for modelling, not a legal formula.
What if the other party’s asset figures are not disclosed?
Enter your best estimate. The tool works with whatever figures you provide. If the other party is withholding financial disclosure, that is a matter for a lawyer — courts can compel disclosure under the Family Law Rules 2021. Use estimates now, adjust when better information is available. The model is designed to be iterated as your understanding improves.
How does the tool handle superannuation splitting?
Superannuation is included in the asset pool as a standard asset class. The tool calculates its contribution to the pool and allows allocation to each party. It also generates draft super splitting order language in the Orders tab. However, super splitting under Part VIIIB of the FLA requires specific procedural steps — the super fund trustee must be served with the splitting order at least 28 days before it is filed. The tool flags this requirement, but compliance with these procedural rules is a matter for your lawyer.
What about defined benefit superannuation?
Defined benefit super (common in the public sector — federal and state government employees, some universities and large employers) is harder to value because it is based on expected future entitlements rather than a current balance. The tool accepts an entered value — you will need to obtain the “splittable payment” value or an actuarial estimate from the fund or an actuary. Enter that figure in the super section. For complex defined benefit schemes, specialist legal and financial advice is particularly important.
Can I use this for a self-managed super fund (SMSF)?
Yes, with caution. Enter the SMSF balance as a superannuation asset. However, SMSFs have specific trustee obligations and ATO requirements that come into play during separation — including the need to maintain the fund during the settlement process and comply with fund deed requirements. SMSF matters in a separation context almost always require specialist financial and legal advice beyond what a modelling tool can provide.
Can I load a worked example to see how it works before entering my own data?
Yes. In the Asset Pool tab, click “Load Worked Example” to load the Mitchell & Mitchell scenario — a fictional 15-year marriage with all asset types entered, contributions and future needs set, and allocations made. This is the fastest way to understand the tool before committing your own figures.
How do I model two different scenarios?
The tool is a single-session model — it does not have built-in scenario saving. To compare scenarios, export the PDF for the first scenario, then change the allocations and export again. You can also take a screenshot or copy the orders text at each step. A future version may add scenario comparison within the session.
What does “balance to target” mean in the Division tab?
Balance to target is the dollar amount by which your current allocation differs from the target split. If you have a target split of 58/42 and your current allocations produce a 55/45 split, the balance to target shows how much value needs to move between parties to reach 58/42. Green means on target or within a small tolerance; red means there is a meaningful gap.
The other party and I are still negotiating. Is it too early to use this?
No — this is actually the ideal time to use it. The tool is most useful when things are still being worked out. It helps you understand the range of reasonable outcomes, identify where the key tensions are (usually one asset where both parties feel strongly), and test whether the arrangement you are negotiating toward is actually close to what the FLA framework would suggest. Knowing your position before you negotiate is always better than finding out afterward.
Does this work for de facto couples?
Yes. The tool supports both married and de facto relationship types. Select the relevant type in the Relationship section of the sidebar. For de facto, the relevant FLA provisions (s.90SM for property, s.90SF for future needs) apply instead of the married provisions. The tool flags the correct provisions in the calculation chain.
We separated years ago. Is it too late?
Possibly not, but check the time limits. Married couples generally have 12 months from the date the divorce order becomes absolute to apply for property orders. De facto couples generally have 2 years from the date of separation. If you are outside these periods, the court’s permission is required to proceed — which is not guaranteed. The Relationship sidebar section shows the relevant time limit based on your relationship type. If you are near or outside the limit, seek legal advice urgently.
Can I use this for a same-sex relationship?
Yes. The Family Law Act applies equally to all couples — married or de facto, same-sex or opposite-sex. The tool uses neutral party names (First Applicant / Second Applicant) that are not gender-specific.
Still have questions?
Some questions are better answered by the plain-English guides on WhoGetsTheHouse.com.au.
Ready to model your split?
Load the worked example to see it in action, or start with your own numbers. Free, no account required.