Recently, the High Court decided that orders can be made under the Family Law Act to divide property if a couple is married but not separated.

This case involved an elderly couple who had been married for 40 years. It was their second marriage.  The wife was living in a nursing home.

In the particular circumstances, the High Court upheld the appeal against orders which would have required the husband to sell the home.

However, the High Court  also set out the process to be followed in other cases.  The Court also made general statements about the principles to be followed in all cases where property orders are sought. Click here to read more.