Just and Equitable Threshold
Prior to 2012, the framework to determine property adjustments involved a four-step process.
Since the High Court case of Stanford & Stanford (2012), there is now also a “just and equitable” threshold which must be satisfied before the four-step process is applied.
The factors to consider are:
Four Steps to Determine Property Adjustments
The four steps to determine what you are entitled to in relation to property are:
• If one party has greater future needs than the other, the court will generally make an adjustment in their favour to the percentage division nominated at step 3, for example, to 55% / 45%
• Whether either party has the care of a child of the relationship
• The age and state of health of each of you
• The income, property and financial resources of each of you
• The physical and mental capacity of each of you for appropriate gainful employment
• The disparity in the income earning capacities of each of you
• Instances of family and/or domestic violence
• Commitments that are necessary for each of you to support yourself or any other person
The Court has a wide discretionary power based on the facts of each case. For this reason no one can truly say that you will be entitled to an exact percentage split.
Family law solicitors often work on a range of 10% to cover the discretionary nature of court proceedings in relation to property.
Some Common Matters
Within each of the above steps there are numerous factors to consider.
Other common issues that come up in property matters include:
We can help you with: