Professional Family Lawyers on Brisbane’s Northside
When all items of property are known and the values of all property calculated, property is divided between the parties in certain proportions.
The proportion each party receives depends on how much they have contributed to the property over time.
However the nature of the contributions does not only have to be money. One party may have worked hard in a less well paying job or paid towards improvements or maintaining the property which cannot be calculated in direct money terms. The other party may have also of raised the children and kept the house which are also regarded as ways of making valuable contributions.
Consult Family Lawyers for advice on your current and future circumstances:
Proportions to which each party is entitled after being calculated on the basis of contributions can then be varied depending on the parties respective current and likely future circumstances.
So one party might receive more if the other party is receiving or has the capacity to receive a much higher income or one party is sick and disabled and the other in good health. The proportion one party might receive might be also increased if that party is looking after children of the relationship or another dependent or if that party has significant financial resources in a Trust or a superannuation fund.
After these factors are considered the proportion can further changed if the division does not look fair and equitable. For further information we recommend speaking to one of our family lawyers which welcome new clients from Brisbane’s northside and surrounding areas.
What emphasis does the court place on direct financial contributions in a shorter relationship?
In a short relationship direct financial contributions are likely to be given more emphasis than indirect contributions or contributions by way of improving the welfare of the family.
When one party has made a much larger direct financial contribution at the commencement of the relationship or by making larger payments for direct contribution during the relationship, these factors will be taken strongly into account in a short relationship because in a longer relationship their value will have reduced as against the importance of other contributions by the other party of an indirect or family welfare nature.
Such indirect contributions include; maintaining the home to enable the other party to go out and work or family welfare contributions such as looking after the children. However in short relationships the factors which potentially affect the ongoing circumstances of either party such as their comparative incomes and standards of living may result in a significant increase in a party’s entitlement especially where there is the ongoing support of a child or children or the low income earning party has ill health, limited earning capacity or comparatively few financial resources.
Northside based Brisbane Family Lawyers
Splitting up after a short-term relationship can sometimes be complicated, especially when it come to the division of property. If you require legal advice from experienced family lawyers please don’t hesitate to get in touch with our Brisbane northside team. Call 07 3350 4417 today about your family law matter, or in regards to any of our other practice areas, including wills and estates, conveyancing and business law.
The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.
Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.