Question 1

What is the purpose of Section 79 of the Family Law Act?

Accepted Answer

Section 79 of the Family Law Act gives the court power to make orders altering the property interests of parties to a marriage or de facto relationship. Its purpose is to ensure a fair and equitable division of property, including assets and liabilities, when a relationship breaks down.

Question 2

What is the 'four-step process' for a property settlement?

Accepted Answer

The four-step process is a structured approach used by courts. It involves: 1) identifying and valuing the property pool; 2) assessing each party's contributions; 3) considering future needs; and 4) ensuring the final orders are just and equitable.

Question 3

Do non-financial contributions count in a property settlement?

Accepted Answer

Yes. Under section 79 of the Family Law Act, both financial and non-financial contributions are considered. Non-financial contributions include physical labour on renovations, managing investments, or contributions to the welfare of the family as a homemaker or parent.

Question 4

Are inheritances and gifts divided equally?

Accepted Answer

Inheritances and gifts are typically considered financial contributions. However, the court will look at when the inheritance was received and how it was used. Over time, an inheritance that was used for joint purposes, such as paying off the family home, may be viewed as a contribution that has been eroded.

Question 5

Can family violence affect a property settlement?

Accepted Answer

Yes, family violence can be a relevant factor. A court may make an adjustment in a party's favour if they can prove that the other party's violent conduct made their contributions significantly more arduous or had a significant adverse impact.

Question 6

Is a 50/50 split guaranteed in a property settlement?

Accepted Answer

No, a 50/50 split is not guaranteed. While it may be a common outcome in some long, equal-contribution relationships, the court's ultimate goal is a just and equitable division based on each party's unique circumstances, contributions, and future needs.

Question 7

Do I have a time limit to file for a property settlement?

Accepted Answer

Yes. For married couples, you must file an application within 12 months of your divorce being finalised. For de facto couples, the time limit is 2 years from the date of separation. The court can grant permission to apply outside of these limits, but it is not guaranteed.

Question 8

What if a party has an interest in a trust?

Accepted Answer

An interest in a discretionary trust can be considered property if a party has the power to unilaterally vest property in themselves or holds a position of significant influence over the trust. This is a complex area of law and requires specialised advice.

IN ASSOCIATION WITH

Visit Our

Main Site

Our Offices

Book case evaluation

(1800) 217 217

Brisbane Family Law Blog

Understanding the Family Law Act Section 79 in Australian Property Disputes

How to Adopt a Child in Australia: Process, Costs & Legal Steps

Your Legal Obligations for Adult Child Maintenance in Australia: Education, Disability & More

Building a Secure Future: Why ‘Legal Consideration’ is Crucial for Blended Families in Australia

Superannuation Splitting in Divorce: Expert Advice from a Family Law Specialist

How to Get a Divorce in Australia – What You Need to Know

How Splitting Assets in Divorce Works in Australia: Key Factors Explained

Slip Rule in Family Law Explained: What You Need to Know About Correcting Court Orders

Divorce and Superannuation in Australia: What You Need to Know

How a Litigation Guardian Protects Vulnerable Individuals in Family Law

Call Now

Subscribe to Our Weekly Newsletter

Popular Blogs

Court-ordered Drug Test For The Child Custody Case

Why Divorce Rate in Australia is So High?

Divorce Asset Split In Australia: Who Gets What In A Property Settlement?

Limits of hair follicle drug testing in Family Law proceedings

SETTLEMENT FIGURES & ADJUSTMENTS – HOW ARE THEY CALCULATED

Categories