Family Law: Just and Equitable (adjective)

Just and Equitable (adjective): to suitably reflect the relevant circumstances of the parties, including the current division of assets, contributions and future needs, when determining how the assets of a relationship are to be divided upon its breakdown.

For a property settlement to be just and equitable, the proposed solution must fair to both parties.

Equity is a branch of law that is concerned with fairness and justness. Equity ensures that the law does not produce unnecessarily or unintended harsh outcomes which unfairly prejudice an innocent party.  It means a matter is solved not only according to the strict orders of the law, but complies with the principles of justice and works each unique case.

Being Just means it is morally right and fair. In the law, this goes hand in hand with being outcomes being equitable.

The court assesses the just and equitableness of the settlement by taking into account the:

• Whether any legally imposed adjustment actually needs to be made or whether all things are equal between the parties in terms of their assets and liabilities (eg. Both have a house, a car, a dog, a credit card etc.)
• Contributions (financial, non-financial, parental, homemaker/domestic duties) to the relationship made by both parties and
• The current and future needs of both parties.

Determining if a settlement is just and equitable will be the final step of the process.

If you have further questions, please contact James Frank at jfrank@franklaw.com.au. 

This is not legal advice.