How are property settlements determined by the Family Court?
There is no formula used by the Family Court to divide property and no one can tell you exactly what orders a Judge will make as every case is different. As lawyers we can provide you with estimates only as the Courts have a wide discretion in making orders that may alter the interest of parties in property.
The Family Law Act 1975 sets out the general principles the Court considers when determining financial disputes arising out of the breakdown of a marriage or de facto relationship.
- To identify and value all the property that is available for division. This includes all assets, liabilities and superannuation benefits of each spouse. The value attributed to each item of property is the current value of the asset and the current amount owing on debts;
- To consider the financial and non-financial, both direct and indirect, contributions made by and on behalf of each party to the acquisition, conservation or improvement of property;
- To consider the future needs of each party including:
- whether either party has the care of a child to the relationship;
- the age and state of health of each party;
- the income, property and financial resources of each party;
- the physical and mental capacity of each party for appropriate, gainful employment;
- the disparity in the income earning capacities of each party;
- instances of family or domestic violence;
- commitments that are necessary for each party to support themselves or any other person.