- Property does not include just cash and real estate.interior design elements for resedential propertie image by isatori from Fotolia.com
The property disposable under Section 79 includes all property owned by the divorcing couple. This can include cash and real estate, interest in a business or trust and shares and share options. It may also include notional property if the court takes the view that one partner's spending has reduced the value of the property available for separation. - Australian law recognizes homemaking as a contribution to the marriage.ama de casa image by caironbohemio from Fotolia.com
The court will also take account of financial and other contributions made to the marriage by each partner. Section 79 recognizes the contribution made by serving as homemaker or caring for children. - The age of partners and ability to work are taken into account.elderly and infirm gardening 2. image by mdb from Fotolia.com
It should not be overlooked that Section 75 (2) enumerates factors the court must take into consideration in making an order for division of property under Section 79. These include the age and health of the partners, current earning capability and responsibility for children.
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