What factors are considered when dividing property after separation?

In general the Court utilises a four step approach when considering what is a just and equitable division of the assets and liabilities of the parties at the end of a marriage:

1. The current financial position of the parties.
2. The financial contributions of each of the parties at the commencement of the marriage.
3. The financial and non-financial contributions of each of the parties during the marriage.
4. The “future needs” of each of the parties including:
   • The age and state of health of the parties.
   • The income, property, financial resources and capacity for employment of the parties.
   • Whether there are any children out of the relationship and who the primary caregiver for the children is.
   • The duration of the marriage and the extent to which it has affected the earning capacity of a particular party.
   • Any child support that may be payable.

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