The starting rule
Section 81 provides that, subject to an agreement or order and the Act's exceptions, spouses are both entitled to family property and responsible for family debt. On separation, each has a right to an undivided half interest in family property and is equally responsible for family debt.
Family property versus excluded property
The most expensive disputes often concern classification. Section 84 defines family property, while section 85 identifies excluded property. Even where an asset began as excluded property, questions may arise about proof, tracing and increases in value.
Unequal division is not the default
Section 95 allows an unequal division where equal division would be significantly unfair. The section lists factors the court may consider. A party seeking an unequal result therefore needs evidence tied to the statutory test rather than simply arguing that equal division feels unfair.
Agreements matter
The Act has separate rules for property agreements and when a court may set one aside or replace it. A property claim should identify whether an agreement exists before assuming the default division rules govern.
Disclosure and valuation
Property cases can involve Form F8, Form F20 document discovery, corporate records, appraisals, expert valuation evidence and tracing documents. A missing paper trail can become both an evidentiary problem and a major cost driver.
Cost planning
Before paying professionals to value every asset, identify what is actually disputed: ownership, classification, separation-date value, current value, debt, excluded-property tracing or an unequal-division claim. Narrowing the issue can materially reduce legal and expert costs.