Last updated 21 November 2016

The family law courts may make a declaration as to the existing rights of the parties in property (s 78 Family Law Act 1975 (Cth)). As existing rights may be altered by seeking orders for property settlement, a declaration of interests in property is not used as often in property disputes. However, it can be useful in some circumstances.

An example of the use of a declaration is when property is registered in the name of a third party to the marriage, but it is asserted by one or both of the parties to the marriage that they are the beneficial owners of the property.