Under s 79 of the Family Law Act 1975 (Cth), the Court must consider whether changing property interests is just and equitable. It identifies existing legal and equitable interests and liabilities, then considers contributions and current and future circumstances. Contributions include homemaking and parenting, as well as money. The framework amended from 10 June 2025 expressly addresses the economic effects of family violence where relevant. A percentage calculated from income alone is unreliable.
In Stanford v Stanford [2012] HCA 52, the High Court emphasised existing interests and the need for a just and equitable basis for alteration. The case involved an intact marriage and involuntary separation through residential care. It is not a formula for ordinary separation cases. Its central warning remains useful under the amended Act: do not assume that property must be redistributed simply because an application is made.
Section 71B imposes a disclosure duty for married parties' financial and property matters. The Court's guidance explains the continuing requirement to provide relevant financial information, including assets held overseas or with others. Chinese title records, bank statements, business accounts and translations may be needed. A parent's transfer is not automatically excluded: evidence must establish whether it was a gift, enforceable loan or another arrangement.
An informal spreadsheet or signed note does not itself provide the protection of properly made consent orders or a binding financial agreement. For married parties, property proceedings generally must start within 12 months after an Australian divorce takes effect; de facto cases have a different regime. Seek advice early about deadlines, disclosure and how to document the settlement.
Author: Hugh Zhao
Last updated: October 2026
Jurisdiction: Victoria, Australia
Disclaimer: This article provides general information only and does not constitute legal, financial or tax advice. The law may change and its application depends on individual circumstances. You should obtain professional advice before acting on the information contained in this article.