How does the Family Court divide property?

The Family Court has a wide discretion in determining how property should be divided.

In essence it is a three stage exercise:

  • Identify and value all of the assets and resources of the parties
  • Look at the history of the marriage and examine the contribution made by each party to acquiring, conserving or improving the assets and resources as well as contributions toward the welfare to the parties' family, including contributions towards parents and home duties
  • Look to the future to see whether, based on a number of factors, any further adjustment needs to be made in favour of one or other of the parties

The Court has wide-ranging powers to divide property. For example, it can order property to be sold or transfer the registered ownership of property from one person to another.

For further information contact one of our family lawyers today.


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