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Daniel Riedstra, Senior Associate
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Maintenance and renovations considered in family law property settlement - Lawyers Sydney

Maintenance and renovations considered in family law property settlement

Section 79(4)(b) of the Family Law Act 1975 (NSW) deals with non-financial contributions in the form of maintenance and renovations of property of the marriage. It states that:

“the contribution (other than a financial contribution) made directly or indirectly by or on behalf of a party to the marriage or a child of the marriage to the acquisition, conservation or improvement of any of the property of the parties to the marriage or either of them, or otherwise in relation to any of that last‑mentioned property, whether or not that last‑mentioned property has, since the making of the contribution, ceased to be the property of the parties to the marriage or either of them".

This includes renovations to the matrimonial home, maintenance of the home (including handy work) or repairs to vehicles (including servicing the car).

Such contributions are taken into account as they increase the value of the property in the asset pool, without employing another to do this. The court will take into account the amount of work completed, the value of the work (by comparing it to what a tradesperson or professional would charge) and who completed the work.

How can Prime Lawyers help you?

At Prime Lawyers, we believe that if you have contributed to the matrimonial property in such a way as completing renovations and maintenance to property of the marriage, then your work should be acknowledged. For this reason, our experienced family lawyers will work closely with you to ensure that you receive a share of the property which accurately reflects your contribution.


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