Just and Equitable Property Division in Family Law Matters


Just and Equitable Property Division in Family Law Matters


In Teal & Teal [2010] FamCAFC 120 at [70], the Full Court said:

By implication however s 79(2) requires if the Court is to make an order under s 79(1) altering the interests of the parties to the marriage in property, such an order must be just and equitable. This legislative imperative is often described as the requirement that a judicial officer “stand back” and look at the reality of the percentage division at which she or he has arrived. That requirement requires consideration of the actual assets to be retained by each party, and may include consideration of the effect when one party is to retain the greater proportion of his or her entitlement in superannuation of the nature, form and characteristics of the superannuation.

(emphasis added)



If you are seeking advice in relation to receiving a Just and Equitable property settlement, contact Claire Naidu & Co, Lawyers and Mediators for family law advice.   Click here for our contact details.

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