Section 76 LRA 1976

Section 76 of the Law Reform (Marriage and Divorce) Act 1976 gives the court power to divide matrimonial assets when it grants a divorce or judicial separation.

When dividing assets acquired during the marriage, the court looks at:

• what each spouse contributed in money, property or work
• debts taken on for the family’s joint benefit
• the needs of any children under 18

Subject to these, it leans towards an equal split.

Since the amendment in force from 15 December 2018, the court can divide any assets acquired during the marriage and counts the work of looking after the home or caring for the family, even by a spouse who did not earn the money. The old separate rule for assets one spouse acquired alone was removed, and there is no automatic 50/50 split.

Why it matters: this section decides how the house, savings and other assets are shared after divorce.