Law Reform (Marriage and Divorce) Act 1976 · Updated to 15 Dec 2018 · Part VII · Matters Incidental to Matrimonial Proceedings
Section 76
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On divorce or judicial separation, the court may divide assets jointly acquired during the marriage. It weighs each spouse's contributions, including home and family care. It also weighs joint debts, minor children's needs and the marriage's length. It then leans towards equal division. Assets owned beforehand count if substantially improved during the marriage by the other spouse or jointly.
Summary · Drafted with AI, checked against the official text on 30 Sep 2026.
The court shall have power, when granting a decree of divorce or judicial separation, to order the division between the parties of any assets acquired by them during the marriage by their joint efforts or the sale of any such assets and the division between the parties of the proceeds of sale.
court
“court” means the High Court or a Judge thereof or, where a Sessions Court Judge has jurisdiction by virtue of subsection (2), the Sessions Court or a Sessions Court Judge of that Court;
In exercising the power conferred by subsection (1) the court shall have regard to—
the extent of the contributions made by each party in money, property or work towards the acquiring of the assets or payment of expenses for the benefit of the family;
the extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring for the family;
any debts owing by either party which were contracted for their joint benefit;
the needs of the minor children, if any, of the marriage,; and
the duration of the marriage, and subject to those considerations, the court shall incline towards equality of division.
(Deleted by Act A1546).
54
(Deleted by Act A1546).
For the purposes of this section, references to assets acquired during a marriage include assets owned before the marriage by one party which have been substantially improved during the marriage by the other party or by their joint efforts.
Maintenance of spouse