Dividing property after a relationship ends can be complicated, especially if some assets were sold or spent before the legal process begins. Sometimes, one party may have already spent or used up certain assets before the case is finalised. In the past, courts often included these amounts as “add backs” to the property pool. But that process has changed.
Now, add backs after family law amendments are treated very differently. Courts no longer treat money that has already been spent as part of the shared property pool. Instead, how and why the money was used can affect the outcome in other ways. Below are some common questions answered to help you understand how these changes work.
Are Add Backs After Family Law Amendments Still Recognised by the Courts?
Add backs after family law amendments are no longer recognised the same way they used to be. Previously, courts could include money that was spent, such as funds used on legal fees or given away, as if it was still in the property pool. These amounts were “added back” as if they were never used.
Now, courts only look at existing property at the time of the hearing. That means if the money is gone, it can’t be added to the list of assets to divide. The law changed to make sure only current legal and financial interests are included. So, while courts still care about how property was used, they don’t add it back in the asset pool anymore.
If you’re concerned about spent money or missing assets, it’s important to understand how the court will now look at those issues under a different part of the law.
Why Can’t Add Backs Be Included in the Property Pool Anymore?
The law now says that the property pool can only include what legally exists when the case is heard. This means add backs after family law amendments are no longer allowed as notional amounts.
For example, if one partner sold a property and spent the money before the hearing, the court will not pretend that money still exists. Instead, the court will look at whether the way the money was used should change how property is divided.
This shift in approach helps make the process clearer. It also means that courts will not use mathematical tricks to treat spent money as if it still exists. It forces a deeper look into the fairness of each person’s actions instead of simply adding numbers back into a pool that no longer reflects reality.
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How Do I Raise Add Back Issues Under Section 79 After the Amendments?
Even though add backs after family law amendments can’t be included in the asset pool, you can still raise the issue under section 79 of the Family Law Act. This section allows courts to consider:
- The contributions each person made to the property or relationship
- The future needs of each person
- Any wastage or misuse of assets
So, if your former partner spent relationship money in a careless or selfish way, you can still point this out. It may affect how the court sees their overall contribution. It could also influence whether the court adjusts the final split in your favour.
For example, if your ex used joint funds to pay their personal legal fees or gamble, the court can consider that behaviour when deciding what’s fair. But again, this is no longer done by adding the money back into the property list. Instead, it’s addressed through an assessment of past conduct and future needs.
What Happens to Money Spent on Legal Fees or Wasted Assets Now?
In the past, legal fees or wasted money were often included in add backs during property settlement. After the recent changes, the court now considers these matters differently.
Legal fees are no longer treated as something to be added back to the property pool. However, they can still affect the case. The court may look at who paid what, and why. If one person spent more than their fair share on legal help, and the other had limited access to funds, the court may take that into account under contribution or future needs.
Wasted assets are also treated differently. If one party spent money in a way that was reckless or unfair, like giving away property or spending on luxury items, the court can still consider this behaviour. It might lead to a split that is more favourable to the other party.
This new method shifts focus from simple numbers to the bigger picture of fairness and responsibility.
Read also: Tips for a Stress-Free Property Settlement Process in Gold Coast
What Evidence Do I Need to Support a Claim About Add Backs After the Amendments?
To raise concerns about add backs after family law amendments, you need solid proof of how the money was used and why it matters. Courts won’t simply take your word for it. You’ll need to provide documents, statements, and other records to show:
- Where the money came from
- What it was spent on
- Whether it benefited the relationship or only one person
- When it was used and why
Examples of helpful evidence include bank statements, receipts, property sale records, and proof of large withdrawals. If the funds were used for something unnecessary or selfish, it is helpful to show that. You can also show how this affected your own financial position.
The stronger your evidence, the more weight the court is likely to give your argument. While add backs after family law amendments won’t be placed in the property pool, their impact can still shape the outcome, especially if the spending caused you to lose out unfairly.
When Spent Money Still Matters: What to Remember Moving Forward
Add backs after family law amendments no longer appear on the balance sheet, but the idea behind them still matters. Courts continue to look at what happened to relationship property, how it was used, and whether one person’s behaviour created unfairness.
The key difference is structural. Instead of pretending the money still exists, courts now ask if the way it was used affects contributions or future needs. That means your lawyer will need to focus more on storytelling and evidence, not just numbers.
If you’re involved in a property settlement and worried about how assets were spent, it’s important to shift your approach. Focus on how the spending affected your contributions or future situation, not on trying to get the money counted back in.
Ready to Understand Your Options?
Are you worried your ex spent your shared money unfairly and you don’t know how that will affect your property split? At Collective Family Law Group, we’re here to help you understand how add backs after family law amendments are now handled. Our family law team has experience with complex property issues and can help you prepare strong evidence to support your case. We will guide you through your legal options and help you make confident decisions at every stage.
Contact us today to schedule a confidential consultation with a family lawyer who will truly listen and support your needs.
