initial contributions

We often get asked whether the financial contributions one party made at the start of the relationship are relevant when dividing the property pool. There is no straight-forward answer, and the answer will differ for each relationship. Factors which can sway the influence of a party’s initial contribution include:

  1.  the quantum of the initial contribution; and

  2. the length of the parties’ relationship, noting that the longer the relationship, the more likely the initial contributions will be outweighed by the financial and non-financial contributions made by both parties during the course of the relationship;

post-separation contributions

It is common for many people to separate and otherwise not take any steps to financially separate until many years later. Understandably, the emotional impact of separation makes sorting out the finances hard to digest. These circumstances often give rise to the issue of post-separation contributions. We often get asked if the contributions made following separation will be relevant. The answer is absolutely. Examples of post-separation contributions which will be taken into account include:

  1.  direct and indirect financial contributions (that is, contributions made on your behalf by another person or entity) towards the acquisition, preservation and maintenance of property;  

  2. non-financial contributions made to the acquisition, perseveration and maintenance of property, for example renovating or maintaining a property, working in a family; and

  3. contributions towards the welfare of the family, including but not limited to caring for children and housekeeping.