Generally speaking, property acquired during the marriage is divided equally between spouses. While this is the presumption, property division can be agreed upon or changed based on the facts of the case. There are also rules surrounding exempt property and how property is to be divided in certain circumstances.

While there are many rules and suggestions surrounding the division of property, parties can agree to depart from the rules and divide property however they see fit. To agree to a matrimonial property division the parties must enter into an agreement (generally called a Minutes of Settlement or Separation Agreement) with independent legal advice.