There are several factors that the Court will take into account in deciding property settlement cases. The Court will exercise its discretion in determining which factors will apply to the case. Some of these factors that will be considered by the court are found in Section 75(2) of the Family Law Act 1975:
These factors are generally not considered in high-income cases except for exceptional occasions. In taking into account the factors enumerated in Section 75(2) Family Law Act a monetary value is determined and not a percentage. These factors might prove difficult to be applied in cases where traditional gender roles are not being adhered to. In cases where a party has already found a new partner or “re-partnered”, the court will look into the new financial status of the party and how this will affect the property determination in the property settlement case.
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