According to the Family Law Act 1975, any asset bought after separation but before divorce can be included in the marital asset pool. So, if you are separated and considering buying a car before your divorce is finalised in Australia, you should know that this purchase might affect your financial settlements. 

To better understand the possible legal and financial consequences of this action, continue reading.

 

How Assets Are Dealt With During Separation

In Australia, if you purchase a car after you have separated but before your divorce is finalised, this vehicle might still be included in the assets divided during the settlement process. The aforementioned Family Law Act 1975 states that courts must consider ALL assets available at the time of the hearing, no matter when they were bought. This includes cars bought after separation.

Legal decisions such as Calvin & McTier (2017) showed that even inheritances received after separation are considered part of this pool.

Therefore, before making big purchases like a car, it’s important to seek legal advice. This will help you understand how these purchases might impact your financial negotiations during the divorce.

 

 How Property Is Settled During Divorce

When dealing with property settlement after a separation in Australia, all assets and liabilities gathered during the marriage or de facto relationship are included in the division.

This means everything acquired up to the divorce is considered, not just the assets you had before separating. If you were in a de facto relationship, you have two years from your separation to settle this; for those who were married, the timeframe is 12 months after the divorce.

 

Property Division and Impact on Financial Settlement

If you bought a car after you separated, you need to figure out if it’s part of the shared property pool. If it is, the car will be evaluated and divided during your property settlement.

The court will examine the contributions of both parties, both financial and otherwise. If you paid for the car but your spouse has contributed more overall, this might affect the final settlement. 

If the car was primarily used for personal rather than family purposes, this could impact whether the court decides to include it in the assets to be divided.

It’s highly advisable to have proper documentation of the car’s purchase and use. 

 

How Cars Are Valued for Divorce Settlements

The true value of your vehicle can significantly affect your financial settlement. That’s why it’s important to get a professional car valuation for divorce rather than relying on subjective estimates or insurance company valuations, which may not accurately reflect the car’s market or sentimental value.

The valuation process should always account for several factors:

  • Market Value: How much does the car cost now?
  • Condition: Is the car in good condition?
  • Upgrades: Is the car modified in a way that can significantly increase its value?

 

Car Valuations During Divorce and Separation in Australia

After the family home, cars are often one of the most valuable assets. Whether it’s a commuter car, a vintage vehicle, or a custom-modified sports car, ensuring an accurate valuation of your vehicle is vital for a fair division.

At National Assessing & Engineering, we understand that during a divorce or separation, you need a reliable, unbiased valuation that both parties can trust. From Victoria to Tasmania, we specialise in providing expert car valuations that reflect the true worth of your vehicle. 

Get an Accurate Valuation Today

If you’re facing a separation or divorce and need an accurate, professional car valuation, NAE is here to help. Don’t rely on estimates or undervalued insurance quotes, contact us at 1800 844 999 and get the true value of your vehicle!