In a family law property settlement, the second step of the four-step process in determining a split of the assets of a marriage or de-facto relationship (after identification of the asset pool) is assessment of the parties’ contributions to the asset pool, applying sections 79 or 90SM of the Family Law Act 1975 (Cth).

The percentage split of the property pool is affected by assessment of the extent of each party’s contributions. Greater contributions by a party may increase that party’s entitlement.

The Court takes into account different types of contributions.

Financial contributions

These are contributions by or on behalf of a party to the relationship, or a child of the relationship, to the acquisition, conservation or improvement of the parties’ property.

They include significant assets or superannuation brought into the relationship at the start of the relationship, and contributions of salary, superannuation or other earnings generated during the relationship.

Non-financial contributions

These are contributions by or on behalf of a party to the relationship, or a child of the relationship, which may not have a “price-tag”, to the acquisition, conservation or improvement of the parties’ property.

They include home improvement or renovations undertaken by a party which improve the value of the matrimonial or investment home.

Homemaker or parenting contributions

These are contributions by a party to the welfare of the parties to the relationship (including any children) as a homemaker or parent.

They include parenting duties, cleaning duties and general house maintenance duties. The weight given to these contributions is on par with financial and non-financial contributions.

Weight attached to contributions

The court takes into account when in a relationship contributions were made. Progressively less weight attaches to initial contributions over the period of a de-facto relationship/marriage. Contributions made by a party at the beginning of a relationship are generally given greater weight in a short relationship than those in a long relationship. A party who contributes the majority of the asset at the start of a short relationship has grounds to leave the relationship with most of those assets, which is a less likely outcome in a longer relationship.

Specific types of contributions

Specific types of contributions may also be relevant to certain assets. For example, an uninjured partner (P1) caring for an injured partner (P2) may be a relevant contribution in determining the entitlement (if any) of P1 to P2’s personal injury compensation payment.

A gift by third parties to a party to the relationship may also be a classified as a contribution. These contributions (often from parents) include:-

• monetary gifts;
• assistance with home purchases; and
• a gift of household furnishings.

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