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Future Needs of the Parties in Property Matters

Family Law, Divorce Lawyer, Property Settlement, Child Custody, Defacto Law

After examining the contributions of the parties in a family law property settlement matters, consideration is then given to matters which relate primarily to each party’s future needs including the earning capacity and resources that each party has available to them to meet those needs. These are often referred to as Section 75(2) factors being the section of the Family Law Act which sets out the factors to be considered. These include:

• The age and state of health of each of the parties
• The income, property and financial resources of each party and their physical and mental capacity for gainful employment
• Whether either party has the care and control of a child of the marriage who is under 18
• The commitments of each party that are necessary to enable the person to support themselves, or a child, or another person that the party has a duty to maintain
• Responsibilities of either party to support any other person
• The eligibility of either of a party for a pension, allowance or benefit under any Commonwealth or State law, or under any superannuation fund or scheme
• The standard of living that was enjoyed during the marriage whether in all the circumstances that standard is reasonable
• The duration of the marriage and the extent to which it has affected the earning capacity of either party
• Any need to protect a party who wishes to continue in the role of parent
• If either party is co-habiting with another person, the financial circumstances relating to that co-habitation
• The terms of any Order made or proposed to be made for property settlement
  Any child support being paid

Our team of experts at Doolan Wagner & Callaghan Family Lawyers can advise you as to the relevant future considerations in your matter as part of assessing your entitlements in a family law property matter.