Non-Financial Contributions in Property Settlement

Non-financial contributions are the unpaid work a person puts into a relationship and its property, such as raising children, running the household, renovating the home or working without pay in a family business. When a couple separates, the court must take these contributions into account alongside financial contributions. There is no automatic 50/50 split and no set formula. The weight given to each person’s contributions depends on the facts of the relationship.

Question	Short answer
Do non-financial contributions count?	Yes. The court must take them into account: section 79(4)(b) and (c) for married couples and section 90SM(4)(b) and (c) for de facto couples.
Are they worth less than income?	Not automatically. The Act lists financial and non-financial contributions side by side and does not rank one above the other.
Is there a 50/50 starting point?	No. The High Court rejected a presumption of equal contributions in Mallet v Mallet [1984] HCA 21.
Can family violence be relevant?	Yes. Since 10 June 2025 the court must consider the effect of family violence on a party’s ability to contribute (section 79(4)(ca); section 90SM(4)(ca) for de facto couples).
Are there time limits?	Yes. Generally 12 months after a divorce order takes effect, or 2 years after a de facto relationship ends (section 44). Later applications need the court’s permission.

Separating is stressful, and many people worry that years spent caring for children or looking after the home will count for nothing because their name is not on the title or their pay was lower. The law does not work that way. If you live in Hornsby or nearby and are unsure where you stand, Caspian Legal can review your situation and explain your options before you negotiate or sign anything. Call 02 7264 3200 or book a consultation.

Who does this article apply to?

This article explains property settlement under the Family Law Act 1975 (Cth). This Commonwealth law applies to married couples throughout Australia and to most separated de facto couples in NSW, including same-sex couples. Most property disputes are dealt with by the Federal Circuit and Family Court of Australia.

Different rules may apply to some de facto couples who separated before 1 March 2009, and to certain other relationships covered by the Property (Relationships) Act 1984 (NSW). If either applies to you, obtain legal advice about which law governs your matter.

What are non-financial contributions?

Non-financial contributions are contributions that are not money but that helped acquire, keep or improve the couple’s property, or supported the family. The Act recognises contributions made directly or indirectly, including contributions to property that has since been sold, and contributions made in the role of homemaker or parent (section 79(4)).

Type of contribution	Examples	Where it appears in the Act
Direct non-financial contribution to property	Renovating, building, repairing or landscaping the home; managing an investment property	s 79(4)(b); s 90SM(4)(b)
Indirect non-financial contribution to property	Unpaid work in the other person’s business; managing the household so the other person could build assets	s 79(4)(b); s 90SM(4)(b)
Contribution to the welfare of the family	Caring for children, cooking, cleaning, school runs, supporting the family through illness	s 79(4)(c); s 90SM(4)(c)
Contributions made on a party’s behalf	Labour provided by a party’s relative towards the family home, for example	s 79(4)(b); s 90SM(4)(b)

Contributions can be considered across the whole relationship, including what each person brought in at the start and what each person has done since separation, such as continuing to care for the children or paying down the mortgage.

Key terms in plain English

Term	What it means
Property pool	Everything both people own and owe, whoever’s name it is in. This can include the home, savings, shares, vehicles, business interests and debts. Superannuation is also dealt with.
Financial contribution	Money or assets put in, such as wages, savings, an inheritance or a gift from family.
Non-financial contribution	Unpaid work that helped acquire, keep or improve property, such as renovations or unpaid business work.
Homemaker and parent contribution	Caring for the home and children, which supports the family and often frees the other person to earn income.
Initial contribution	Property or money a person brought into the relationship at the start.
Post-separation contribution	Contributions made after separation, such as sole care of children or paying the mortgage.
Just and equitable	Fair in all the circumstances. The court can only make property orders if they are just and equitable (section 79(2)).
Family violence	Violent, threatening or coercive and controlling behaviour, including economic and financial abuse, as defined in section 4AB.
Consent orders	Court orders made on terms both people agree to, without a contested hearing.
Duty of disclosure	The obligation on each person to give full and frank information about their finances, which starts before court proceedings begin.

How does the court assess contributions?

Since 10 June 2025, the Act sets out the framework the court follows (section 79(3) for married couples and section 90SM(3) for de facto couples). In plain terms:

1. The court identifies each person’s property and liabilities, including property held in one name only.
2. The court takes into account the contributions each person made, financial and non-financial, including as homemaker and parent, and the effect of any family violence on a person’s ability to contribute (section 79(4)).
3. The court takes into account each person’s current and future circumstances, such as age, health, income, earning capacity, care of children under 18 and the need to provide housing for them (section 79(5)).
4. The court only makes orders that are just and equitable in all the circumstances (section 79(2)).

In practice, the court looks at all contributions together rather than adding up separate categories. Legal Aid NSW notes that the court’s assessment of contributions is usually expressed as a percentage range (Legal Aid NSW, secondary source).

Are non-financial contributions worth as much as financial contributions?

The Act does not say that money counts for more. It lists financial contributions, non-financial contributions and homemaker and parent contributions together, and requires the court to consider all of them.

In Mallet v Mallet [1984] HCA 21, the High Court held there is no presumption that contributions are equal and that each case must be decided on its own facts. In the same case, Gibbs CJ accepted that a contribution as homemaker and parent should be recognised in a substantial way, not a token way.

What this means in practice is that a person who cared for the home and children while the other person earned an income is not starting from nothing. However, no particular percentage can be predicted without looking at the full facts of the relationship.

What can affect the weight given to non-financial contributions?

Factor	Why it may matter
Length of the relationship	In a short relationship, what each person brought in at the start may carry more weight. In a longer relationship, contributions made during the relationship often become more significant (Legal Aid NSW, secondary source).
Initial assets, gifts and inheritances	A large financial contribution by one person, such as an inheritance, may be weighed against the other person’s non-financial contributions.
Nature and extent of the homemaking or parenting role	The number and ages of the children, any additional care needs and how long one person carried the main load can all be relevant.
Renovations and improvements	Work that added value to property is easier to recognise when it is supported by records such as photos, invoices and valuations.
Unpaid business work	Work in a family business can be a contribution even if the person was not paid a wage.
Post-separation contributions	Continuing to care for children alone or paying debts after separation can be taken into account.
Family violence	Violence that made it harder for a person to contribute, or made their contributions more difficult, is now an express consideration (section 79(4)(ca)).

How can family violence affect contributions?

Before the 2025 amendments, the Full Court of the Family Court had held in Kennon and Kennon [1997] FamCA 27 that family violence could be relevant where it had a significant adverse effect on a person’s contributions or made them significantly more arduous. The Act now expressly requires the court to consider the effect of family violence on a person’s ability to make contributions (section 79(4)(ca)) and on their current and future circumstances (section 79(5)(a)). The equivalent provisions for de facto couples are section 90SM(4)(ca) and (5)(a).

The definition of family violence in section 4AB includes economic and financial abuse, such as unreasonably withholding money or controlling access to finances. Property proceedings are not a claim for compensation. The court’s focus is on how the violence affected contributions and circumstances, which requires evidence. How courts will apply the new provisions is still developing.

If you are in immediate danger, call 000. Confidential support is available from 1800RESPECT on 1800 737 732.

What is different for de facto couples?

De facto couples are assessed under section 90SM, which mirrors the contribution considerations that apply to married couples. Before the court can make an order, one of the following must generally apply (section 90SB):

• The relationship lasted at least 2 years in total.
• There is a child of the relationship.
• The person applying made substantial contributions, including non-financial or homemaker and parent contributions, and not making an order would result in serious injustice to them.
• The relationship is or was registered under a prescribed State or Territory law.

This means non-financial contributions can matter even in a short de facto relationship, although the substantial contributions pathway is assessed case by case.

What are the time limits?

Relationship	Time limit to apply	Source
Married	12 months after the divorce order takes effect	s 44(3)
De facto	2 years after the relationship ends	s 44(5)
Outside the time limit	Court permission (leave) is required and is granted only in limited circumstances, such as where hardship would otherwise result	s 44(4) and (6)

Time limits may affect your options. You do not need to be divorced to start negotiating a property settlement, and early advice gives you more room to resolve matters by agreement.

What documents help show your contributions?

Evidence matters. The following documents are commonly useful. Bring what you can to your first appointment; you do not need everything at once.

• A short timeline: when you started living together, married (if applicable), had children and separated.
• Records of time out of paid work, such as parental leave records, payslips and Centrelink statements.
• Records of your role with the children, such as school and childcare enrolments, medical appointments and emails with teachers.
• Evidence of renovations or improvements: before and after photos, invoices, receipts, council approvals and valuations.
• Evidence of unpaid work in a family business: emails, rosters, business records and ABN or company documents.
• Financial documents: bank, loan and superannuation statements, tax returns and property valuations.
• Any written agreements or messages about property made during or after the relationship.
• If relevant and safe to obtain: apprehended violence order (AVO, a court order protecting a person from another person) paperwork, police event numbers, and medical or counselling records.

What should you not do?

The following general guidance applies to most people going through a property settlement.

• Do not assume your contributions will be ignored because the property is in the other person’s name or they earned more.
• Do not sign consent orders or any settlement document before getting independent legal advice. For a binding financial agreement, independent legal advice is a legal requirement (section 90G; section 90UJ for de facto couples).
• Do not hide assets, or sell, transfer or run them down to reduce what the other person may receive. Each person has a duty of full and frank disclosure (section 71B), and material wastage can be taken into account (section 79(5)(d)).
• Do not wait until a time limit is close before getting advice.
• Do not throw away records, photos or messages that show your contributions.
• Do not send your former partner written statements about who contributed more, or post about the dispute on social media, before getting advice.

Common myths about non-financial contributions

Myth	What the law says
Everything is split 50/50.	There is no presumption of equality. Each case depends on its facts (Mallet v Mallet).
If my name is not on the title, I have no claim.	The court can alter interests in property whichever person holds title (section 79(1); section 90SM(1) for de facto couples).
Caring for children counts for less than earning a salary.	The Act requires the court to consider homemaker and parent contributions and does not rank them below financial contributions.
De facto partners cannot claim.	De facto partners can apply if one of the section 90SB requirements is met.
Nothing after separation counts.	Post-separation contributions can be taken into account.
A handshake agreement is final.	An informal agreement may not be binding. Property arrangements are usually formalised through consent orders or a binding financial agreement.

What steps should you take after separation?

1. Write down your timeline and the contributions each of you made, before, during and after the relationship.
2. Gather the documents listed above and keep copies somewhere safe.
3. Get legal advice early, before negotiating or signing anything.
4. Exchange financial disclosure. The court’s pre-action procedures require full and frank disclosure (Family Law Rules, Schedule 1).
5. Try to resolve the matter through negotiation, mediation or another dispute resolution service where it is safe to do so. Exemptions can apply where there is family violence (Federal Circuit and Family Court).
6. If you reach agreement, formalise it through consent orders or a binding financial agreement.
7. If you cannot agree, you may need to apply to the Federal Circuit and Family Court within the time limits.

Where are property matters dealt with for Hornsby residents?

Family law property applications are made to the Federal Circuit and Family Court of Australia, usually online through the Commonwealth Courts Portal. For people in Hornsby and the Upper North Shore, in-person court events are commonly listed at the Court’s Sydney or Parramatta registries, and some events are conducted electronically. Many property matters are resolved by agreement without a final hearing, which is one reason the pre-action steps matter.

How Caspian Legal can help

Caspian Legal Pty Ltd is a Hornsby law practice established in 2015. We assist clients in Hornsby and surrounding suburbs, including Waitara, Asquith, Wahroonga, Normanhurst, Thornleigh, Pennant Hills and Berowra, with family law and property settlement matters. Consultations are available in English and Persian (Farsi).

We can help you identify the property pool, gather evidence of your contributions, understand the time limits that apply, negotiate with your former partner or their lawyer, and prepare consent orders or court documents where needed. Visit our family law page for more information about the services we provide.

What happens at your first consultation?

• We go through your relationship timeline and the key dates.
• We discuss what property and debts may be in the pool.
• We talk through your financial and non-financial contributions and what evidence may support them.
• We explain any time limits that may apply to you.
• We outline your options, such as negotiation, mediation, consent orders or court, and the likely next steps.
• We explain our costs, as required by law, before any further work starts.

Frequently asked questions

Do my non-financial contributions count if the house is only in my partner’s name?

Yes, they can. The court looks at the property of both people, whoever holds the title, and must take into account non-financial and homemaker and parent contributions. Title alone does not decide the outcome.

I stayed home with the children. Will my contribution be treated as equal?

It may be, but it depends on the facts. The law does not treat homemaker and parent contributions as worth less than income, and there is no presumption either way. Factors such as the length of the relationship and any large initial contributions or inheritances can affect the assessment.

Do renovations I did myself count?

Work that helped acquire, conserve or improve property can be a non-financial contribution. Photos, receipts, invoices and valuations help show what work was done and how it affected the property.

Can contributions after separation be taken into account?

Yes. The court can consider contributions made after separation, such as caring for the children alone or paying the mortgage and other debts.

Our de facto relationship lasted less than two years. Can I still apply?

Possibly. You may still be able to apply if there is a child of the relationship, the relationship was registered, or you made substantial contributions and not making an order would result in serious injustice (section 90SB). Advice on your specific facts is important.

How long do I have to apply for a property settlement?

Generally, married couples have 12 months after a divorce order takes effect and de facto couples have 2 years after the relationship ends. After that, the court’s permission is needed. Time limits may apply, so it is best not to delay.

Do we have to go to court?

Not necessarily. Many couples reach agreement through negotiation or mediation and formalise it with consent orders or a binding financial agreement. If agreement cannot be reached, an application to the court may be needed.

Speak with a Hornsby family lawyer

If you are separating and want to understand how your non-financial contributions may be assessed, Caspian Legal can review your circumstances and explain your options before you take the next step.

Caspian Legal Pty Ltd

Suite 1, 22–28 Edgeworth David Avenue, Hornsby NSW 2077

Phone: 02 7264 3200

Website: caspianlegal.com.au

Book a consultation

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About the reviewer

This article was reviewed by Ryan Lasaki, Principal Solicitor of Caspian Legal. Ryan assists clients in Hornsby and across the Upper North Shore in family law, migration, criminal law and property matters.

Disclaimer

This article is general information only and is not legal advice. It reflects the law in New South Wales and the Commonwealth as at September 2026. The law and court procedures can change, and the outcome of any matter depends on its own facts. You should obtain legal advice about your specific circumstances before acting.

Sources

1. Family Law Act 1975 (Cth), Federal Register of Legislation (legislation)
2. Family Law Act 1975 (Cth) s 79, AustLII (legislation)
3. Family Law Act 1975 (Cth) s 90SM, AustLII (legislation)
4. Family Law Act 1975 (Cth) s 90SB, AustLII (legislation)
5. Family Law Act 1975 (Cth) s 44, AustLII (legislation)
6. Family Law Act 1975 (Cth) s 4AB, AustLII (legislation)
7. Family Law Act 1975 (Cth) s 71B, AustLII (legislation)
8. Family Law Act 1975 (Cth) s 90G, AustLII (legislation)
9. Property (Relationships) Act 1984 (NSW), NSW Legislation (legislation)
10. Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605, AustLII (case law)
11. Kennon and Kennon [1997] FamCA 27; (1997) FLC 92-757, AustLII (case law)
12. Federal Circuit and Family Court of Australia (Family Law) Rules 2021, Schedule 1, AustLII (legislation)
13. Federal Circuit and Family Court of Australia, Financial or property: We cannot agree (court)
14. Legal Aid NSW, How the court decides property settlement cases (government, secondary source)