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  • 11 Family Law
  • Property and Maintenance
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Property and Maintenance

This chapter describes how the law determines property and maintenance matters between parties. Specific areas covered include: where parties have made an agreement, the type of property that is eligible for division (e.g. a family home and superannuation), the role of property orders, consent orders and spousal maintenance in property settlement and factors the court considers in making an order on the division of property between parties.


Part VIII of the Family Law Act gives the Family Court jurisdiction to settle property and maintenance matters between the parties to a marriage or former marriage. Superannuation is now considered property under the Family Law Act. A divorce does not include the division of a couple's propert...


Property in the spousal separation.

How does the Court Decide?

Section 79 of the Family Law Act (Cth) gives the Family Court very wide powers to make property orders. This involves: determining what property the parties own and its value; considering what contributions were made by each party in the past; and considering the present and future nee...

Agreements and Consent Orders

Under the Family Law Act parties can make enforceable agreements about the care of their children, division of their property and payment of maintenance. Private agreements can become enforceable in a number of different ways. The easiest and most effective way is to make orders by consent. The A...

Spousal Maintenance

This chapter still needs a description to be added

Common Misconceptions

If I leave I'll lose my rights There are many mistaken beliefs about property and financial entitlements on the breakdown of marriage. These cause confusion and often make it difficult to reach a fair and just settlement. Many people believe that the person who leaves the children or the matrimo...

Page last updated 19/03/2018

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