Step 4: Who gets what
The final step, after considering the assets, the contributions and the needs of the parties, is to work out a fair and equitable division of the net asset pool.
It may not be considered appropriate that one party is totally depleted of all property however each case turns on its own individual facts. In some circumstances the conduct of one party is such that assets have been wasted or already appropriated and this will be reflected in the outcome.
At this time the practical effect of any proposed division must be considered and this may involve the split of the superannuation entitlements.
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