Family Law: Net Asset Pool (noun)

Net Asset Pool (NAP) (noun): (assets – liabilities) + superannuation = Net Asset Pool

The net asset pool, or NAP, is an important number since it forms the basis for calculating the total percentage of the property you will receive when all is done and dusted in a property settlement. The net asset pool is determined by calculating the total value of the assets owned jointly or solely by you and your partner minus the total value of the liabilities owned by you and/or your partner plus your respective superannuation accounts.

Understanding the net asset pool allows you to calculate how much you are entitled to on the basis of your contributions and future needs. Let’s say your lawyer advises that you are entitled to 55-60% of the net asset pool. In a net asset pool of $1 million, this equates to $550,000-$600,000.

In practice, this will allow you to assess the feasibility of different options for dividing the assets and better plan your future. For example, let’s say you hoped to keep a house valued at $800,000 with a $200,000 mortgage in the division of property. If you are entitled to $600,000 net of the property pool, you could keep the house but no other assets. So, if you wanted to keep other assets, you may need to refinance the loan for a higher amount (say, $300,000) to pay your ex-partner additional money. If you choose to do this, you may need to check your borrowing potential with your banking institution to test the feasibility of this solution.

This is just one example of how understanding the net asset pool and the division of assets can help you determine:

• What do you want from the property settlement?
• What can you realistically get in the property settlement?
• What groundwork you will have to lay to allow you to reach this ideal outcome?

If you have a family law matter, concerns about how to get a family law property settlement or questions about family law and separation in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

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