+61 8 9355 5822 | This email address is being protected from spambots. You need JavaScript enabled to view it. | F.A.Q. | Login / Registration




Property division after the end of a Marriage.


After children, perhaps the most pressing issue when a marriage comes to an end involves the division of property. The property the court is able to deal with must arise out of the “marital relationship”, as outlined in s 4(ca) of the Family Law Act 1975 (Cth) (the Act).

One of the things to keep in mind before further exploring the topic, is that a divorce order does not include the division of property.


What property can the court deal with?

Some of the properties that the court can deal with may include:

  • property purchased during the marriage;
  • property owned by the parties before the marriage;
  • assets built up in a business;
  • gifts and inheritances received by either party;
  • superannuation;
  • redundancy;
  • compensation.

When talking about property in relation to trusts or a company, the court may treat such property as belonging to one of the parties if it appears that they have benefited from the ownership of the trust or company.

What property may not be dealt with by the court?

The court for the most part, cannot deal with property for future expectation in relation to trusts or wills – unless there is a level of certainty of the receiving of the benefit or inheritance.

Additional property that may not be able to be dealt with, may involve entitlements relating to long service leave, or actions involving personal injury – unless the spouse nursed the other party through their injuries.

How does the court decide on what property orders to make?

When dealing with property settlement proceedings, s 79(1) of the Act states that the court may make an order it considers appropriate.

There is no hard and fast formula on how the court makes a decision, however, some of the factors that may be looked into when making an order can involve the property that the parties hold and consideration into the contributions by each party to the marriage. Additionally, the court will consider the present and future needs of the parties, and whether the division is just and equitable.

How are contributions measured?

In assessing the contributions made to the relationship, the court can look beyond tangible contributions, and may also take into account indirect contributions, such as the contributions made to the welfare of the family, and the maintenance of the household.

This piece is only a general outline in relation to property division. However, if you require any assistance, please seek the help of a legal practitioner.


About Pre-Paid Legal

Understanding the struggles that individuals, families and business owners encompass with not having access to affordable legal services, is the inspiration behind Pre-Paid Legal Plans. Learn more

Keep in Touch

Corporate Office - Map 

  This email address is being protected from spambots. You need JavaScript enabled to view it.
  +61 8 9355 5822
  +61 8 9355 5833
  Suite1/160 Burswood Road, Burswood, Western Australia 6100


View our Location

Latest News


Legal professional privilege

Legal professional privilege - how far is the scope? On 17 March 2015, the Federal Court of...


Court process for child-related proceedings...

Due to the high emotion involved with family law matters, the law encourages parties to resolve disputes...


Business Name Registration. What’s in...

In 2014, almost 150,000 business names were registered with ASIC. Based on these figures, at least 1...


Property division after the end...

After children, perhaps the most pressing issue when a marriage comes to an end involves the division...


Workplace Bullying- Recent Developments

What is Workplace Bullying A year on from the introduction of the Fair Work Commission’s (‘FWC’) bullying jurisdiction,...


Are you protected from fraud?

The Victorian Supreme Court decision of Perpetual Trustees Victoria Ltd v Xiao Hui Ying[1] is a reminder...


Vicarious Liability

In a number of jurisdictions employers can find themselves vicariously liable for the actions of their employees...


Value May be Less Than...

In the recent case of Miley and Commissioner of Taxation (‘Miley’), which relates to the small...


The Importance of an Employment...

Why Employment Contracts are important - ‘she is only a secretary’ An engineering company built their own...


The Five Most Common Lawsuits...

What are the most common types of lawsuits filed against businesses? Employment Discrimination and Wrongful Termination Many lawsuits...


Our Other Services

  • Com Support Image 2
  • banner financing
  • member rewards program
  • banner legal