Google AI
The Times Australia

Times Media Advertising

Division Of Property: A Four-Step Guide

  • Written by: The Times





Upon the dissolution of a marriage or de facto relationship, the court employs a systematic approach, consisting of four steps outlined in accordance with the Family Law Act 1975 (Cth), to determine each party's entitlement to matrimonial assets and liabilities. It's crucial to understand that the court initially examines whether a property adjustment is warranted, given the circumstances.

Identifying the Property Pool

The primary step involves establishing the value of the matrimonial property pool, encompassing all assets, liabilities, superannuation, and other financial resources regardless of ownership. Should there be any disagreement regarding asset valuation, expert assessment becomes necessary.

Assessing Contributions

Once the property pool is defined, the court evaluates the contributions made by each party throughout the relationship. This assessment includes both financial and non-financial contributions spanning from the relationship's inception to its aftermath. Key considerations here include:

 Instances where one party possessed significantly greater assets at the relationship's start, potentially warranting an adjustment.

  • Recognition of non-financial contributions, such as domestic work, child-rearing responsibilities, or property improvements.
  • Equal weight given to roles as breadwinner and primary caregiver in most cases.
  • Acknowledgment of family assistance, whether through loans, gifts, or household support, as contributing factors.

 These contributions are scrutinized on a case-by-case basis.

Considering Future Factors

After evaluating contributions, the court examines each party's post-separation circumstances to determine if one party stands to gain a financial advantage requiring an adjustment. Various factors are taken into account, including:

  • Age and health status of each party.
  • Income, property, and financial resources of each party, alongside their capacity for gainful employment.
  • Custodial responsibilities for any children of the relationship.
  • Financial commitments necessary for self-support, supporting dependents, or fulfilling obligations.
  • Eligibility for pensions, allowances, benefits, or superannuation.
  • Impact of the marriage's duration on earning capacity.
  • Financial implications of cohabitation with another individual.
  • Commitment to child support obligations. 

Prioritizing Justice and Equity

Finally, after reviewing the preceding steps, the court evaluates the practical implications of any proposed adjustments. If deemed unjust to either party, the court exercises discretion to ensure a fair and equitable outcome based on the circumstances at hand.

Seek legal advice from the best Gold Coast and Byron Bay Family Lawyers – Richardson Murray.

Property Times

Why Australia Was Hoping For Another Interest Rate Cut

When the Reserve Bank considers interest rates, the focus is often on inflation, employment and economic growth. But beyond economists and financial markets, there is another group paying close attention: Australia's property sector. The prospect...

Why Australians need to rethink new apartments after the budget changes

As the Federal Government pushes to accelerate housing supply and incentivise new residential development amid Australia’s housing shortage, industry leaders say New South Wales is better positioned than ever to meet demand following a major transf...

Property markets react to budget signals before laws are even passed

Australia’s property market has already begun reacting to the federal budget announcements despite many of the proposed measures not yet becoming law. Across residential, commercial and industrial sectors, sentiment has shifted. Buyers, investors...

Most Australians think the Budget Just Changed the Rules on Property. They Have No Idea How Far it Actually Goes.

A generation of Australians may be entering the biggest rethink of wealth creation since the rise of the property boom, with the Federal Budget shaking confidence in the investment strategies many households spent decades relying on. The CEO of Ph...

The Times Property Section

Why Australia Was Hoping For Another Interest Rate Cut

When the Reserve Bank considers interest rates, the focus is often on inflation, employment and ec...

A good night's sleep - Mattresses are not all the same

A good night’s sleep is no accident. Most Australians spend more than a third of their lives in be...

Times Magazine

Offshore vs Inshore Centre Console Boats: Which One Should You Buy?

Centre console boats have become one of the most popular choices among modern anglers. Their open ...

Why Australian Enterprises Are Rethinking Their Core Communication Technologies

The corporate landscape in Australia has undergone a permanent structural shift over the past few ...

Road safety risk: New data reveals almost 2 in 3 Australian drivers are letting car maintenance slide as cost of living pressures bite

Australians are putting off vehicle maintenance and new research released on the eve of National R...

Technology

Why Australian Enterprises Are Reth…

The corporate landscape in Australia has undergone a permanent structural shift over the past few ...

Local News

QLD Day

On Saturday 6 June, parkrun events across the state will be a sea of maroon, with communities  str...

Culture

Covid: The pandemic has ended but the health …

Covid is no longer the daily emergency it was in 2020 and 2021. The fear, lockdowns, border closur...

Travel

The Times Guide to Sydney's Beaches

Winter may still have a grip on Sydney, but anyone who has lived in Australia's largest city knows...

The Times Features

Pauline Hanson at the National Press Club: A Defining P…

For almost 30 years, Senator Pauline Hanson has been one of the most recognisable and controversia...

Covid: The pandemic has ended but the health story hasn…

Covid is no longer the daily emergency it was in 2020 and 2021. The fear, lockdowns, border closur...

Macca’s introduces new McSmart range with more choice f…

Macca’s is launching its new-look McSmart range from Wednesday,1 July, with  three new meals at thre...