For the purposes of s 20(1) of the De Facto Relationships Act 1984 (NSW), intermittent periods of de facto relationship may be aggregated, and contributions made before or after the relationship may be considered. Where property is held in joint names and no resulting or constructive trust is pleaded, the court must commence the s 20(1) assessment from the standpoint that each party is the legal and beneficial owner of an undivided half-share, and the applicant for adjustment bears the onus of establishing that adjustment is just and equitable. The contributions of a homemaker and parent are to be valued equally with those of the primary breadwinner where the breadwinner's financial contributions did not extend beyond the provision of the family home. The question of whether Powell JA's narrower view on pre-relationship contributions or Ipp AJA's broader view represents the law remains unresolved, as the judges divided on this point.
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