Divorce in Australia: Who Gets What?
As an Australian parent, navigating the complexities of divorce and separation can be daunting. However, it's important to understand your rights and the realities of how property and assets are divided in these situations. At Damien Greer Lawyers, we're here to provide you with expert family law advice and dispel common misconceptions.
Myth: "Everything is split down the middle"
Contrary to popular belief, there is no 50/50 rule in Australian family law property matters. The division of assets is a discretionary decision based on a variety of factors outlined in the Family Law Act.
Myth: "Males come off 'second best' financially after divorce or separation"
While this may be the case for some men, research shows that men tend to recover more quickly financially after a divorce or separation, often due to their ability to continue their career paths without interruption from child-rearing responsibilities. However, women may face more detrimental economic consequences due to their greater involvement in child care.
Myth: "You have to go to Court to get a property settlement"
This is not accurate. Statistics show that only 5% of relationship breakdowns actually end up in court. The majority of matters are resolved through consent, often via mediation or solicitor-to-solicitor negotiations. If an agreement is reached, an Application for Consent Orders can be made, and the court will review and approve the orders without the need for a court appearance.
The Process of Dividing Assets
The division of assets in a divorce or separation is a multi-step process:
- Identify the property pool: All assets, liabilities, and superannuation interests, regardless of whose name they are in, are included in the property pool.
- Assess contributions: Each party's direct and indirect, financial and non-financial, contributions to the relationship and the property pool are evaluated.
- Consider future needs: The current and future financial circumstances of each party are assessed, including factors like age, health, childcare responsibilities, and earning capacity.
- Determine a just and equitable outcome: The court will "step back" and ensure the final division is fair and appropriate in all the circumstances of the case.
Remember, there is no one-size-fits-all outcome in divorce and separation cases. The final division of assets will depend on the unique circumstances of your situation. By understanding your rights and the applicable laws, you can navigate this challenging time with confidence and secure the best possible outcome for you and your family.
Expert Family Lawyers Across Australia
ðï¸ ParentAssist Melbourne Family Lawyers
Serving: Melbourne, Victoria
- Federal Circuit Court Melbourne: 305 William Street, Melbourne VIC 3000
- Family Court of Australia Melbourne: 305 William Street, Melbourne VIC 3000
'ï¸ ParentAssist Sydney Mens Divorce Lawyers
Serving: Sydney, New South Wales
- Federal Circuit Court Sydney: Law Courts Building, Queens Square, Sydney NSW 2000
- Family Court of Australia Sydney: Law Courts Building, Queens Square, Sydney NSW 2000
ðï¸ ParentAssist Brisbane Family Law Specialists
Serving: Brisbane, Queensland
- Federal Circuit Court Brisbane: 119 North Quay, Brisbane QLD 4000
- Family Court of Australia Brisbane: 119 North Quay, Brisbane QLD 4000
'ï¸ ParentAssist Perth Parents Rights Lawyers
Serving: Perth, Western Australia
- Federal Circuit Court Perth: 1 Victoria Avenue, Perth WA 6000
- Family Court of Western Australia: 150 Terrace Road, Perth WA 6000
ðï¸ ParentAssist Adelaide Family Court Lawyers
Serving: Adelaide, South Australia
- Federal Circuit Court Adelaide: 3 Angas Street, Adelaide SA 5000
- Family Court of Australia Adelaide: 3 Angas Street, Adelaide SA 5000