Contributions and Their Effect on Property Settlement
Accredited Family Law Specialist's, Kate Greenwood and Frank Lamari.
What you or your partner brought to the relationship by way of assets or what you or your partner contributed during or after the relationship, is relevant in determining you and your partner’s entitlements to a property settlement after the breakdown of your relationship.
In considering what an appropriate property settlement would be, the Court must take contributions, amongst other factors, into account. In summary, the types of contributions to be considered are as follows:
- The financial contribution made directly or indirectly, to the acquisition, conservation or improvement of any of the property of you or your partner. For example, a house you owned at the commencement of the relationship or a large sum of money that your partner’s parents gifted during the relationship; and
- The contribution (other than a financial contribution) made directly or indirectly, to the acquisition, conservation or improvement of any of the property of you or your partner. For example, you renovated your partner’s home which significantly increased the value of that home; and
- The contribution made by you or your partner to the welfare of the family, including any contribution made in the capacity of homemaker or parent. For example, you stayed home to look after the children while your partner worked.
When the contribution was made and the nature of the contribution is also very relevant in determining how much weight the Court will give to that contribution and how much more (or less) of the property pool you and your partner could be entitled to receive.
You may need legal advice from a skilled family lawyer at RNG Lawyers to assist you in determining how contributions are relevant to your situation.