By Sheree Orbell, Solicitor Director and Mia Eddy, law graduate, at Orbell Family Lawyers
When a couple separates, whether from a marriage or a de facto relationship, one of the key questions that must be resolved is how their property will be divided. In family law, “property” includes far more than the family home. It covers all assets owned by either or both parties, such as cars, savings, superannuation, shares, businesses, investments, and personal items.
A vital part of determining a fair and equitable property settlement is the consideration of each party’s future needs.
Sheree Orbell, Solicitor Director and Mia Eddy, Law Graduate at Orbell Family Lawyers, explain what “future needs” means under Australian family law and how these factors can shape your property division after separation.
What are future needs?
“Future needs” refers to the circumstances that may affect a person’s ability to financially support themselves moving forward. If one party is likely to face greater challenges after separation, they may receive a larger share of the property pool to ensure they can meet those needs.
“Future needs aren’t about the past, they’re about ensuring each person can move forward with stability and dignity.”
The Family Law Act sets out a range of considerations, including:
- Age of the parties: For example, a person nearing retirement may have fewer years to rebuild financial security.
- Health: Chronic health conditions or disabilities that affect work capacity or require ongoing treatment.
- Income and earning capacity: Differences in current income or the ability to earn in the future.
- Career interruption: One party may have reduced their work hours or paused their career to care for children or support the household.
- Parenting responsibilities: A parent with primary care of children may have limited ability to work full–time.
- Financial resources: Business interests, investment properties, or other income–producing assets.
- Superannuation: Significant differences in superannuation balances.
- Living arrangements: Whether a party will be supporting children, living alone, or receiving support from a new partner.
- Standard of living: While not guaranteed, the Court seeks to avoid severe drops in living standards where possible.
- Length and nature of the relationship: Particularly where one partner sacrificed career growth to support the family.
- Ability to retrain or start a business: Practical ability to pursue further study or employment.
- Access to government assistance: Eligibility for financial support such as a pension.
- Effect on debts: How the division of property affects a party’s ability to manage liabilities.
After considering these factors, the Court may make an adjustment to ensure that both parties have a fair opportunity to support themselves into the future.
Important takeaways
- Future needs are only one part of the equation: Property settlements also consider financial and non–financial contributions, as well as the overall fairness of the outcome.
- An adjustment isn’t automatic: Some future needs factors may cancel each other out.
- There is no fixed formula: Determinations vary based on each couple’s circumstances.
- The goal is fairness: Adjustments exist to ensure each person can move forward sustainably, not to punish or reward either party.
Why legal advice matters
Even if you do not intend to go to Court, obtaining legal advice is essential. Family lawyers apply the same principles the Court uses, helping you negotiate a fair and legally sound agreement.
An experienced family law solicitor can help you determine:
- Whether you may be entitled to a future needs adjustment.
- How it may affect the percentage split.
- How best to document the agreement to avoid later disputes.
At Orbell Family Lawyers, our team of experienced family lawyers can guide you through your property settlement with clarity and confidence. We are committed to supporting you at every stage of the process so that you can move forward with certainty.
(02) 4314 6080 | orbellfamilylawyers.com.au | info@orbellfamilylawyers.com.au
Liability limited by a scheme approved under Professional Standards Legislation. The information contained in this article is for general information only and should not be construed as legal advice.