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Regardless of whether the intellectual property is the copyright on a (potentially never to be published) novel or the source code for Facebook, the court will look at the asset in terms of what it could attract on the open market today, and how it might contribute to the future income of either spouse in the future. The Federal Circuit and Family Court (FCFCA)use a 5-step test to assess a property settlement. The first step is to compile a list of the liabilities and assets of the relationship into an asset pool and assign values to the individual pieces of property. The court will then assess whether the current division of wealth is just and equitable and if it is not, move on to the next step in the process. The third step is to examine the relative contributions of each party to the relationship, including direct and indirect, financial and non-financial contributions.
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