When a couple separates, then in many circumstances the property they own separately and jointly may be the subject of proceedings to alter those property interests. If the Court has jurisdiction to make an order of this type, it does so after considering the following five-step process:


  1. Is it just and equitable to make an order given the parties’ circumstances?
  2. What is the nature and value of the property interests of the parties, including superannuation?
  3. What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
  4. What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act? and
  5. How can an order be made which is just and equitable.

A variety of factors determine how the Court decides these issues.


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