Federal Circuit Court and Family Court of Australia (FCFCOA) property adjustment proceedings recognise the important roles played by both the breadwinner and the homemaker in maintaining and contributing to the assets and resources of the parties to matrimonial and de-facto relationships. These contributions generally fall into two (2) categories:
- Financial contributions: looking at who worked, who earned the greater income, or any inheritance or gift received by the parties; and
- Non-financial contributions: determining who personally maintained or improved, for example, the home property (including painting, sewing, cementing, gardening) and who contributed by way of household tasks, such as cooking, cleaning and shopping, and, who took care of the children of the relationship.
The FCFCOA may not adjust assets strictly based on “who owns” the assets. The Court is obliged to take into account other considerations when adjusting property, superannuation and resources between the parties to the relationship. Contributions such as household obligations, expenses and childcare will be taken into account. Where one party has worked full time for the length of the relationship and the other party has remained at home and cared for the home and children, the FCFCOA may find that the parties have made equal contributions to the property, superannuation and resources of the relationship.
Each property adjustment matter is different and will turn of the facts of each particular case. In order to determine what you may receive from an adjustment of the assets of the parties, it is important to seek advice from a Family Lawyer. Craddock Murray Neumann Lawyers have experienced Family Lawyers able to provide legal assistance with property adjustment matters.
For more information or assistance, please contact our Family Law team at craddock@craddock.com.au
The law is complex and changes frequently. The law may have changed since publication of this article.