There are generally three kinds of contributions taken into account when sharing property in a de facto relationship or marriage, namely:
Non-Financial Contributions; and
Contributions to the Welfare of the Family.
All three types of contributions can be taken by the court to be equal in a long marriage or de facto relationship.
This is subject to an assessment of the quality of the respective contributions of the parties.
Whilst in many cases the Court may determine that contributions should be considered as “equal but different”, the Court can make a qualitative assessment of the respective contributions of the parties.
The court can exercise a high level of discretion. That is, different Judicial Officers can hold different views and make different decisions.
Financial contributions are monetary contributions made directly, or indirectly, to the acquisition, conservation, and improvement of property by either party or on behalf of either party. Examples of financial contributions include, but are not limited to, the following:
Payment of the deposit and/or mortgage repayments for the matrimonial home or other property.
Payment for the repairs and maintenance of the matrimonial home such as roofing and guttering; and
Payment for renovations to the matrimonial home.
Non-financial contributions such as who improved the value of assets of the financial relationship are given weight. For instance, organising renovations, painting the house, managing tenants, maintaining and improving the gardens and contributions, not of a direct financial nature that improved the value of an asset of the marriage.
Contributions to the Welfare of the Family
Contributions to the welfare of the family can be made by both parties. In some cases, one parent may assume the role of full-time parent and homemaker. One parent may care for the child/ren on a day-to-day basis and assume responsibility for the running of the household whilst the other party is the full-time breadwinner. The respective contributions to the welfare of the family are assessed.
Complimentary Pre-Read and Reduced Rate First Appointment
Prior to your first appointment, you may send us an email or similar, outlining your situation including what you would want to tell us in your first appointment. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.
Please note this is not family law advice. It is important to seek advice specific to your circumstances. We are a small, boutique family law firm that has been established for over 20 years. You will receive personalised attention from our Legal Practitioner Director supported by our carefully selected and trained and very experienced Perth family law paralegal and support staff. Shannon has been practising in family law and including in complex financial matters for over 25 years having graduated with Honours in Family Law.
Email our Legal Practitioner Director, Shannon Bodeker at firstname.lastname@example.org, for your complimentary pre-read and first appointment at a reduced rate.