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Will each spouse generally be entitled to 50% of the property from the marriage?

Will each spouse generally be entitled to 50% of the property from the marriage?

There is no presumption that each spouse will receive 50% of the property. In making a property order the Court will look at the contributions of each spouse, both financial and non-financial, the homemaker or parenting contributions and the ability of each spouse to provide for themselves and any children in their care in the future.

The Court will also take into account what net assets each party originally brought into the relationship and what other outside assistance has been contributed, for example:

  • inheritance
  • interest free loans
  • substantial financial gifts.

The court has very wide powers to divide the property in whatever way it thinks is fair.

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