Step Three

Consider the future needs of each of the parties

After identifying and valuing the property between the parties and considering the contribution of each party towards that property and towards the welfare of the family, the Court would then consider the future needs of each of the parties and whether an adjustment should be made in favour of a party to take into account greater future needs [see ss 79(4)(e) and 75(2) for married relationships and ss 90SM(4)(e) and 90SF(3) for de facto relationships].

It would look at matters such as:

  • the age and health of each party
  • the ability of each party to support themselves in the future (e.g. income and earning capacity)
  • whether either party is supporting another person, such as a child
  • whether a party is being supported by someone else, such as a new partner

This is a highly complex area of law upon which legal advice should be sought.

Step Three  :  Last Revised: Thu Sep 7th 2017
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