Identify the property pool s79 married  ·  s90SM de facto

Everything goes on the table — all assets, debts and financial resources of both parties, whether held in your name, jointly, overseas, or through companies and trusts. This includes both legal interests (what’s in your name) and equitable interests (your real financial stake, even if you’re not named on the title).

• Real estate, superannuation, savings, shares, businesses, vehicles
• Assets held in trusts, companies, and overseas
• All debts and liabilities of both parties
• Assets in one name that the other party contributed to

Assess contributions s79(4) married  ·  s90SM(4) de facto

The court considers everything each person has contributed throughout the relationship — not just money earned. Contributions are assessed across four broad categories:

Direct financial contributions — money or assets brought into or generated during the relationship:

• Income earned and deposited into joint or personal accounts
• Property, savings or investments owned before the relationship began
• Inheritances and gifts received — even if received in your name alone
• Insurance payouts (e.g. personal injury, life insurance proceeds)
• Gambling or lottery winnings received during the relationship
• Compensation payments, redundancy payouts, or legal settlements
• Money contributed by family members (e.g. parents helping with a deposit)

Indirect financial contributions — enabling the other party to accumulate assets or reducing household costs:

• Paying rent or living expenses that freed the other party to save or invest
• Managing household finances, budgeting, or reducing debt
• Supporting a partner’s career, study, or business through your income
• Providing unpaid labour in a family business

Non-financial contributions — work that built or maintained the asset pool:

• Renovating, building, or improving real estate
• Maintaining vehicles, equipment, or investment properties
• Managing the administration of investments, tax, or trusts

Homemaker and parenting contributions — equal in the eyes of the law:

• Primary care of children, including during a partner’s career or business growth
• Running the household — cooking, cleaning, organising, emotional labour
• Caring for an ill, elderly, or disabled family member
• Family violence (s79(4)(ca)): if violence made it harder for you to contribute in any of these ways, this is now an express statutory consideration

Current & future circumstances s79(5) married  ·  s90SM(5) de facto

Once contributions have been assessed, the court looks forward — at the real financial circumstances each person will face after separation. This step can significantly adjust the outcome, particularly where there is an imbalance in earning capacity, health, or caring responsibilities.

Family violence — listed first in the Act (s79(5)(a))

• The economic effect of family violence on the other party’s current and future circumstances must be considered first
• This includes reduced earning capacity, health impacts, loss of superannuation, ongoing fear, and costs of re-establishing independence
• Economic and financial abuse — such as coerced debt, sabotaged employment, or controlled access to money — is expressly included

Age, health and earning capacity (s79(5)(b) & (c))

• The age and state of health of each party — including physical and mental health conditions affecting the ability to work
• Each party’s income, property, financial resources, and realistic capacity for paid employment
• Time spent out of the workforce during the relationship and the impact on career progression, qualifications, or income
• Retraining needs and the cost and time involved in returning to work

Children — care, housing and support (s79(5)(f), (g), (p) & (s))

• The extent to which either party has care of children under 18 — and the need to provide appropriate housing for those children
• The impact of the primary caring role on earning capacity now and into the future
• The need to protect a party’s ability to continue in their role as a parent
• Child support obligations — amounts payable or receivable under the Child Support (Assessment) Act 1989

Financial resources and liabilities (s79(5)(d), (e) & (h))

• Intentional or reckless wastage of assets after separation — gambling, reckless spending, or transferring assets to third parties
• Debts and liabilities of each party, including how they arose and who benefited
• Responsibilities to support other dependants — elderly parents, children from other relationships

Superannuation, pensions and government benefits (s79(5)(i), (j) & (s))

• Eligibility for superannuation, pensions, or government benefits — including Centrelink payments, aged pension, and overseas pensions
• The rate at which any pension or allowance is currently being paid
• The long-term impact of superannuation splitting on retirement security for each party

Standard of living and other factors (s79(5)(k), (l) & (v))

• A reasonable standard of living for each party following separation
• Whether a property adjustment would enable a party to pursue education, establish a business, or gain an adequate income
• Whether either party is cohabiting with a new partner and the financial impact of that arrangement
• Any other fact or circumstance the justice of the case requires — this is a broad catch-all that allows courts to consider unique or unusual situations

Just and equitable The overall test

Having considered the pool, contributions and future needs, the final question is: is the proposed outcome just and equitable — fair to both people in all the circumstances?

There is no formula. There is no automatic 50/50 split. Every relationship is different, and outcomes reflect the unique circumstances of each family. This is why skilled, independent advice — and a good FDR practitioner — makes such a difference.