5 key tips in Family Law Property matters:

1 min read

When parties to a marriage separate, there are a number of misconceptions that often arise as to the essential factors that a court takes into account where they are considering adjusting interests in respect of property. This often becomes an issue where disputing parties find to their surprise and detriment that decisions made by the court are different from that anticipated.

The 5 key matters a court will consider in adjusting property interests are:

  1. A determination of the assets liabilities and financial resources of the parties. The category of assets is all-encompassing and includes not only real estate and personal property but also such property as inheritances, lottery wins, awards and damages, and rights to pursue a claim in the courts. In addition it includes what is described as “notional property” which can be added back. For example monies paid for legal expenses from joint funds, assets that have already been distributed or assets wasted by one of the parties.
  2. An assessment of the financial, non-financial and family welfare contributions made by the parties to the marriage. These contributions can involve a consideration of assets brought into the marriage, monetary contributions made to various assets during the marriage, contributions made in the capacity of a homemaker and parent and even contributions made to property after separation. The longer the marriage lasts, the more likely that earlier contributions will be discounted heavily. In a long marriage where there has been no extraordinary contribution by either party then there is a likelihood that the court will consider the contributions more or less equal subject to what are known as section 75(2) factors.
  3. An assessment of the section 75(2) factors. This involves a court considering such factors as disparities in income and earning capacity, the responsibility for caring for children and other persons, age, health and other such factors.
  4. A consideration of justice and equity. Having embarked on the 3 factors above, a court will then look to consider what is “just and equitable” (Section 79(2)). This is not an easy task for a court to embark on. Essentially the court will look at the overall outcome of its deliberations referred to above to consider whether the overall result is just or not.
  5. Assessments at the time of the hearing. Generally speaking the court will consider these matters at the time of hearing. This means that the assets will generally be valued at the time of the hearing rather than earlier point of time.

If you have separated or considering doing so and is important to take these matters into account in considering your position.

At PBL we are often retained to provide advice and represent husbands and wives in family law disputes particularly with respect to property.

If you have a query or would like more information, we suggest that you consult with us on 4305 3500

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Authored By
PBLTeam

Director Lawyer, PBL Law Group

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Anita Bradley has been an absolute dream to deal with. Anita's conveyancing skills and knowledge knows absolutely no boundaries along with her effective communication skills which has made selling and buying a completely stress free exchange for us. We recommend PBL Law to everyone looking for outstanding service. We will definitely be returning clients.
Kushlan Aluwihare
PBL Law Group were fantastic. Anita from PBL worked with us closely during our property search and made the exchange and settlement process smooth and stress free. Highly recommended.
Gail Whitford
PBL handled my late mothers estate, they were very obliging and patient with any and all questions that we had, thank you to David , Sharon and the other staff that we dealt with, everyone was so easy to talk to and friendly .David came to the home where my Mother was living and helped her to get her will in order, Sharon helped us through the process of executing her wishes when the time came even doing a house call which was so much easier, thank you all so much
S M
I have experienced an excellent service from PBL (especially from Anita) during the sale of my recent property on Central Coast, and during the purchase of our current property in Sydney. Throughout many challengers, especially with the sale, Anita presented her very professional and knowledgeable conveyancer, positively solving all obstacles. "Above and Beyond" Award going to Anita!!! :-)
Amanda Reitzin
The five-star reviews are well-deserved. I needed a motion and a bylaw drawn up for urgent repairs of my strata unit and the AGM was in two weeks' time. My solicitor was friendly, efficient, knew what documents to ask for, and had all the paperwork prepared well within the timeframe. She also took the time to run through all the legalese and the different possible scenarios with me to make sure I understood. I am so glad to have found this firm and I will not hesitate to use their services again in future if the need arises.
Ricky Cooper
Anita is amazing! So attentive, approachable and communicates everything every step of the way. I have now bought and sold property with Anita and I cannot recommend her highly enough.
Ron Thomsen
Our Commercial Property conveyancing was handled very professionally. Anita’s experience and responsiveness was an asset in this transaction.
Trace M
I am so grateful for Anita Bradley from PBL Law Group helped me with this property settlement, she has went above beyond to ensure I understand everything because of our deafness. I will recommended Anita or their team. Thank you so much for all the hard work you have done for us.
Tricia Wheatstone
For almost 18 months I have been a client of Alex Ilkin. Alex is very knowledgeable and professional and has consistently provided me with thorough, honest and well set out advice, including steering my case through appeal proceedings. He always worked for my best interests with integrity and compassion. I recommend Alex and his team at PBL.