> ## Documentation Index
> Fetch the complete documentation index at: https://help.rytz.com.au/llms.txt
> Use this file to discover all available pages before exploring further.

# Step 1 — Asset pool

> Identify what's in the property pool — assets, liabilities, financial resources. The foundation step of every property settlement under the post-10-June-2025 codified four-step framework.

import { CardGroup, Card, Note, Tip, Warning } from '@mintlify/components'

The first step of the four-step framework is to identify what's in the property pool. Before you can divide property, you have to know what property exists. The Settlement Planner's **Asset Pool** tab handles this step.

## The legal framework

Section 79 of the Family Law Act 1975 (Cth) — and section 90SM for de facto matters — gives the court power to alter property interests on relationship breakdown. Before the May 2024 / June 2025 amendments, the four-step framework was case-law-derived (Stanford, Mallet, Pierce, Bevan). Post-10-June-2025 the framework is codified in the statute itself.

Step 1 is the asset-identification step: what property exists, owned by whom, valued at what.

## What goes in the pool

The pool is broader than people expect. It includes:

<CardGroup cols={2}>
  <Card title="Real property" icon="house">
    The family home, investment properties, holiday properties, vacant land. Owned solely or jointly. Valued at current market value (an agreed valuation date or the trial date).
  </Card>

  <Card title="Vehicles" icon="car">
    Cars, motorbikes, boats, caravans. Trade-in or market value, less any finance owing.
  </Card>

  <Card title="Household contents" icon="couch">
    Furniture, appliances, art, jewellery, collectibles. Often grouped at "household contents — agreed at \$X" rather than itemised.
  </Card>

  <Card title="Bank accounts and savings" icon="building-columns">
    Every account either party holds, including offset accounts. Joint accounts split per ownership. Snapshot at an agreed date.
  </Card>

  <Card title="Investments" icon="chart-line">
    Shares, ETFs, managed funds, term deposits, crypto, peer-to-peer lending. Valued at market price.
  </Card>

  <Card title="Superannuation" icon="vault">
    Super is property. Defined-benefit, accumulation, SMSF — all in. Valued per the relevant valuation method (see [Superannuation splitting](/settlement-planner/superannuation-splitting)).
  </Card>

  <Card title="Businesses" icon="briefcase">
    Sole-trader, partnerships, companies. Valuation typically requires an expert (forensic accountant). The platform handles the analytical structure; the valuation itself usually needs an expert.
  </Card>

  <Card title="Intellectual property + intangibles" icon="lightbulb">
    Trademarks, patents, professional practice goodwill, accumulated leave entitlements, novel-form assets (e.g. domain portfolios). Often contested and often expert-valued.
  </Card>

  <Card title="Liabilities" icon="credit-card">
    Mortgages, credit-card debts, personal loans, tax debts, business debts, HECS-HELP. Each subtracted from the asset side.
  </Card>

  <Card title="Financial resources" icon="hand-holding-dollar">
    Not directly property but capable of producing property — beneficial interests in family trusts, future earnings from established practices, expected inheritances. Treated separately from property at Step 1; relevant to Step 3 future needs.
  </Card>
</CardGroup>

## Valuation date

When are values measured? Three common options:

| Date                      | When used                                    | Trade-offs                                                                           |
| ------------------------- | -------------------------------------------- | ------------------------------------------------------------------------------------ |
| **Date of separation**    | Asset existence + initial baseline           | Separation is the conceptual snapshot but values change between separation and trial |
| **Date of trial**         | Court's preferred default for current values | Reflects current values; means asset values can shift during the matter              |
| **Agreed valuation date** | When parties agree on a snapshot date        | Most common in negotiated settlements                                                |

The platform accepts a different date per asset class where useful. Real property might be at "trial date" while bank balances might be at "31 December 2025" because that's when both parties had statements.

## The Asset Pool tab in the Settlement Planner

The platform's Asset Pool tab structures the entry. Per asset:

* **Description** — what is it
* **Owner** — User, Other, or Joint (with split if joint)
* **Value** — current value
* **Valuation source** — agreed, professional valuation, market estimate
* **Valuation date** — when measured
* **Notes** — anything contested or pending

Per liability:

* **Description**
* **Borrower / debtor** — User, Other, Joint
* **Balance**
* **Repayment terms** — relevant for negotiation

The tab produces a running asset-pool total and a per-party net-asset position.

## Common pool issues

Three patterns the platform's Asset Pool tab is built to surface:

<Warning>
  **Hidden assets.** A common concern in contested matters. Disclosure obligations (post-10-June-2025 in the Act itself, with stronger penalties) require both parties to disclose all assets. The Asset Pool tab has a "disclosed by other party" indicator — if asserts you've identified haven't appeared in their disclosure, that's a flag.
</Warning>

<Warning>
  **Wastage and reckless dissipation.** The 10-June-2025 amendments codified the Kowaliw line — assets that have been wastefully dissipated (gambling, deliberate destruction, deliberate undervaluing on sale) can be brought to account by adding back to the pool. The platform's Asset Pool tab has a "wastage" flag for entries.
</Warning>

<Warning>
  **Add-backs vs current pool.** Pre-2025 many matters used "add-backs" — adding spent or dissipated assets back to the pool conceptually. The 10-June-2025 amendments narrow this: dissipated assets are no longer added back to the pool but may be considered as a contributions issue at Step 2. The platform's Asset Pool tab respects this distinction.
</Warning>

## Companion animals

Post-10-June-2025, companion animals get their own treatment. Pets are not allocated by joint-ownership orders; the court considers caregiving history, family-violence considerations, and emotional bonds, then allocates the animal to one party.

The Settlement Planner's Asset Pool tab has a Pets section that captures this separately from the main pool.

## Initial vs interim contributions

Some assets enter the pool with one party's initial contribution still attached (the family home was bought with one party's pre-relationship savings). Step 1 captures this as part of the asset entry; Step 2 (Contributions) does the assessment of what that means for the split.

## What Step 1 produces

The Asset Pool tab outputs:

* **Total pool** — sum of all assets less all liabilities
* **Per-party net position** — what each party would have if the pool were divided strictly by current ownership
* **Contested entries** — items where parties disagree on existence, ownership, or value
* **Pool-classification flags** — wastage, financial-resource-only, super-only

This becomes the input to Step 2 (Contributions).

## What Step 1 will not do

* **It will not value contested assets for you.** The platform structures the entry; for properties, businesses, intangibles, you typically need an external valuation.
* **It will not detect undisclosed assets.** Disclosure obligations are legal; the platform helps you reason about what should be disclosed but cannot find what isn't.
* **It will not advise on whether to dispute a valuation.** Disputed valuations are strategic decisions; the platform structures the analysis.

## What's next

<CardGroup cols={2}>
  <Card title="Step 2 — Contributions" icon="hand-holding-heart" href="/settlement-planner/contributions">
    Once the pool is identified, who contributed what?
  </Card>

  <Card title="Settlement Planner overview" icon="chart-line" href="/settlement-planner/overview">
    The four-step framework in summary.
  </Card>

  <Card title="The section 79 framework" icon="scroll" href="/settlement-planner/section-79-framework">
    Statutory and case-law context.
  </Card>

  <Card title="Document import wizard" icon="file-import" href="/settlement-planner/document-import-wizard">
    Auto-populate the pool from imported financial documents.
  </Card>
</CardGroup>
