September 2019 | Ariza Arif

“How do we work out our property split? What will I get? I put in [x] amount and I want it back!”

“I have to look after the kids, I should get more money!”

The above sentiments are very common when seeking an adjustment in a property settlement. The Family Law Act 1975 (Cth) sets out how a Court assesses and determines a result that is “just and equitable” – that is, fair.

In summary, there are four (4) steps to guide the assessment and determination of a property adjustment, being to:

  1. Identify and value the property, assets, liabilities and financial resources for both parties;
  2. Identify and assess the contributions (both financial and non-financial) of both parties, including at the commencement of, during the relationship and after separation;
  3. Identify, assess and determine any adjustments which may need to be for the future needs of both parties; and
  4. Ensure that the proposed property adjustment is just and equitable – that is, fair to both parties.

In financial matters both parties have a positive duty to disclose all financial documents to demonstrate their financial position. This is to assist to determine these 4 steps.

For specialist advice on your property adjustment, contact us on (02) 9231 2466 or by email to to speak with one of our experienced Family Lawyers to discuss the process in more detail and to assess your options.