Property matters
If you have been in a de facto relationship (heterosexual or same
sex) for at least two years, property matters are dealt with under
Part 19 of the Property Law Act 1974.
If you have been married the Family Law Act 1975 applies. The Court
takes the following approach to property matters:
- The nett asset pool of the parties is determined as at the date
of the hearing. All property is included regardless of whose name
the property is held in or when the property was acquired. Superannuation
is included in the asset pool.
- The relative contributions of the parties are assessed and a
percentage adjustment is made in favour of one party if required.
Contributions include financial and non-financial (such as caring
for children) and direct and indirect (such as the receipt of a
gift or inheritance).
- The future means and needs of the parties are assessed (such
as the care of children, low earning capacity) and a further percentage
adjustment is made if required.
- The Court considers whether in all the circumstances the final
result is just and equitable.
Applications for property matters must be made within 12 months
of the granting of a divorce. If you wish to apply for a property
settlement outside of this time the Court’s permission to
apply must first be obtained.
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