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The Full Court’s recent decision in Shinohara & Shinohara [2025] has fundamentally changed how property settlements are approached in family law. The Court has confirmed that “addbacks”, previously used to notionally include property no longer in existence in the asset pool, are no longer permitted under the amended Family Law Act. Instead, such assets must now be considered as part of the parties’ current or future circumstances, not as property to be divided.
Their Honours stated, “s 79(3)(a)(i) [of the Family Law Act] is clear: only the existing property of the parties is to be identified, and only that property is to be divided or adjusted.” [12]
What does this mean for you?
If you are going through a separation, the way your assets are assessed and divided may be very different from previous practice. Our experienced family law team can guide you through these changes and ensure your interests are protected.
Contact Shakenovsky & Associates today for expert advice on your property settlement.
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Whether you’re starting out, de facto, already married, or even after separation, a BFA can outline asset division and financial arrangements. It’s a flexible tool to protect your interests and minimise disputes. Ensure it’s fair and legally sound with expert advice.
Secure your financial future today with Shakenovsky & Associates.
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