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ARTICLE · 09 JUNE 2017

Post separation financial contributions

The general approach of the Court is to include all assets at the time of trial but will make adjustments as appropriate.

AustraliaFamily and Matrimonial

The period between separation and the finalisation of a financial matter can be a matter of days (if both parties agree) or years (in the Family Law Courts, it is currently estimated that parties will have to wait 3 years before a defended final hearing).

Generally speaking, the values of all assets and liabilities of the parties should be as up to date as possible, although it is accepted that some values change on a daily basis and the common sense approach is to have values provided as at an agreed date post separation.

It is accepted that the property of the parties to be identified includes all property in existence at the date of the hearing, whether or not it was acquired after separation.

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