Consider the current and 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 current and 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 s 79(5) for married relationships and s 90SM(5) for de facto relationships].
It would look at matters such as:
- the age and health of both partners
- the ability of each partner to support themselves in the future (through, for example, income and earning capacity)
- whether either partner is supporting another person, such as a child, and their need to provide appropriate housing
- whether a partner is supported by someone else, such as a new partner.
From 10 June 2025, the Court must also, where relevant, consider the effect of:
- any family violence to which one partner has subjected or exposed the other partner
- any material wastage of property or financial resources caused intentionally or recklessly by a partner
- any liabilities incurred by either or both of the partners
on the current and future circumstances of the other partner [s 79(5) and s 90SM(5)].
This can be a complex area of law and legal advice should be sought.
Step Three : Last Revised: Thu Jun 12th 2025
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