Case study · Equal & everyday splits

They logged every house payment, and still split 50/50

Equal split of property and superFederal Circuit and Family Court of Australia (Division 2) · 31 January 2023
Together
About 9 years, married
Children
None
Net pool
About $1.33 million
Split
50% each
A couple sit apart at a kitchen table in a half-renovated house with a laptop between them.

Mr and Ms Beyer moved in together in late 2010, in a Canberra house he had bought the year before for $364,000. They married in 2015 and separated on 31 December 2019. They had no children. At first both worked full time as professionals on similar incomes.

They kept their money unusually separate. In 2012 they signed a financial agreement, and for years they recorded every contribution to the house in an Excel spreadsheet that he kept up to date. Marrying in 2015 meant the agreement no longer bound them. From 2013 he left his job to study and renovate the house. She kept working, and he accepted that without her wage the family's finances would have been more difficult.

At trial he first asked for 63% of everything, then argued for about 53 to 55% plus a further 2.5%. She asked for 55% of the assets other than super, and for their super to be equalised.

Judge Eldershaw accepted that he had put in more money at the start. But the spreadsheet showed their contributions to the house were equal by April 2021, so counting his early money again would be double counting. Her savings, and the super she built while he was studying, favoured her by 5%. He had done more of the renovation work in 2010, mostly before they moved in together, which was worth 2.5% to him. He was nearly 52 and she was 44, so he had less time to rebuild his super: another 2.5% to him. The adjustments cancelled out.

Because he held most of the cash and she held most of the super, the judge divided the two pools separately. Each was split equally: $887,719 net outside super, mostly the $725,000 house, and $437,543 of super. He keeps the house if he pays her $259,237 by 1 May 2023; otherwise it is sold. A super split gives him $43,931 from her fund.

What it means for you

An equal result does not mean the court assumed one. Here several small adjustments pulled in opposite directions. Good records of who paid what help, but the court still weighs everything else.

Decided before the Family Law Amendment Act 2024 took effect on 10 June 2025. The steps the court followed are now written into s 79(3)–(5) of the Family Law Act 1975 (Cth); the approach is largely the same.

A published decision of the Federal Circuit and Family Court of Australia (Division 2), retold in plain English. Lawcaptain did not act in this case. Every outcome depends on its own facts. General information about Australian family law, not legal advice about your situation.

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