other factors

When considering property division, the law requires the consideration of both contributions and “other factors". These other factors include:

  1. the effect of any proposed order upon the earning capacity of either party to the marriage;

  2. any other order made under the Family Law Act affecting a party to the marriage or a child of the marriage; and

  3. any child support under the Child Support (Assessment) Act 1989 that a party to the marriage has provided, is to provide, or might be liable to provide in the future, for a child of the marriage; and

  4. a number of factors which are often referred to as “future factors”.

future factors

There are approximately 22 matters the Court may consider so far as they are relevant. They include:

  1. the parties’ age;

  2. the parties health;

  3. the parties’ respective incomes, property and financial resources;

  4. the capacity of each of you for appropriate gainful employment;

  5. the responsibilities of either of you to support any other person;

  6. a standard of living that in all the circumstances is reasonable for you both;

  7. the duration of the marriage and the extent to which it has affected the earning capacity of either of you whose maintenance is under consideration; and

  8. If either you or your former spouse begin cohabiting with another person - the financial circumstances relating to the cohabitation.