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In a Divorce Who Gets What?

In a Divorce Who Gets What?

In Australia, the laws governing the distribution of property and assets during a divorce are contained in the Family Law Act 1975. The general principle is that the court will aim to divide the property and assets of the parties in a just and equitable manner, having regard to the financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property, and the future needs of each party and any children of the marriage.

There are several factors that the court may consider when determining how to divide the property and assets of the parties, including:

  • The financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property.
  • The future needs of each party, including the need to provide for any children of the marriage.
  • The income, property, and financial resources of each party.
  • The age and health of each party.
  • The commitments of each party to the welfare of any children of the marriage.
  • Any liability of a party for the maintenance of any other person.
  • Any significant difference in the parties’ contributions to the marriage, including homemaking and parenting responsibilities.

Ultimately, the court will consider all of these factors and any other relevant circumstances in determining how to divide the property and assets of the parties in a divorce case.

Do Mothers Get More in a Divorce?

In a divorce, the court’s primary concern is to divide the property and assets of the parties in a just and equitable manner, having regard to the financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property, and the future needs of each party and any children of the marriage. The court does not have a preference for one party over the other based on gender.

In some cases, a mother may be awarded a larger share of the property and assets if the court determines that it is necessary to provide for her and any children of the marriage. For example, if the mother has primary custody of the children and is responsible for their care and upbringing, the court may consider this when determining how to divide the property and assets. However, this is not always the case and will depend on the specific circumstances of each case.

Does the Primary Breadwinner Get More in a Divorce?

Ultimately, the court’s primary concern is to ensure that the division of property and assets is fair and takes into account the needs and circumstances of all parties involved.

In some cases, the primary breadwinner may be awarded a larger share of the property and assets if the court determines that it is necessary to provide for their future needs or the needs of any children of the marriage. For example, if the primary breadwinner has significantly higher earning potential and is responsible for supporting the other party and any children, the court may consider this when determining how to divide the property and assets. However, this is not always the case and will depend on the specific circumstances of each case.

Ultimately, the court’s primary concern is to ensure that the division of property and assets is fair and takes into account the needs and circumstances of all parties involved.

The Best Way to Split Assets after Divorce

The best way to split assets after a divorce will depend on the specific circumstances of each case. In general, the court’s primary concern is to divide the property and assets of the parties in a just and equitable manner, having regard to the financial and non-financial contributions made by each party to the acquisition, conservation, and improvement of the property, and the future needs of each party and any children of the marriage.

One option for dividing assets after a divorce is to negotiate a settlement agreement with the help of attorneys or mediators. This can allow the parties to come to an agreement on how to divide their property and assets in a way that meets their needs and interests.

Another option is to have the court divide the property and assets. If the parties are unable to reach an agreement, the court will consider the specific circumstances of the case and make a determination on how to divide the property and assets in a fair and equitable manner.

Ultimately, the goal in dividing assets after a divorce is to reach a resolution that is fair and takes into account the needs and circumstances of both parties.

Do I need a lawyer for a property settlement

No, though it is generally advisable to seek the advice of a lawyer when dealing with a property settlement in the context of a divorce. A lawyer can provide legal advice and representation to help you understand your rights and options, and negotiate a settlement that is fair and meets your needs and interests. At Mediations Australia, we have a team of both lawyers and mediators.

In some cases, it may be possible to reach a settlement without the need for legal representation, using mediation alone. For example, if the parties are able to communicate effectively and are willing to work together to come to an agreement, they may be able to negotiate a settlement on their own or with the help of a mediator. However, it is important to keep in mind that a settlement reached without the help of a lawyer may not adequately protect your rights and interests.

Ultimately, the decision to hire a lawyer will depend on your specific circumstances and the complexity of your case. If you have any doubts about whether you need a lawyer, it may be helpful to consult with a lawyer to discuss your options.

We can help you make this decision.

Why mediation is better than litigation for property settlements

Mediation can be a more effective and efficient way to resolve disputes over property settlements in divorce compared to litigation. Some of the advantages of mediation include:

  • Mediation is typically faster and less expensive than litigation.
  • Mediation allows the parties to have more control over the outcome of the settlement, as they are able to negotiate and come to an agreement on their own terms rather than having a decision imposed by a judge.
  • Mediation can be less adversarial and less stressful than litigation, as the parties are able to communicate and work together to come to a resolution.
  • Mediation can help preserve relationships and promote cooperation between the parties, which can be particularly important if there are children involved.

That being said, mediation is not always the best option for resolving disputes over property settlements. In some cases, litigation may be necessary to protect the rights and interests of the parties, particularly if the couple cannot agree and there are very complex financial matters in dispute.

What is the average time it takes to for family law matters to go to court

The average time it takes for a family law matter to go to court can vary significantly depending on the specific circumstances of the case and the location where the case is being heard. In general, it can take several months or even years for a family law case to go to court, depending on the complexity of the issues involved and the availability of court resources.

There are several factors that can affect the length of time it takes for a family law matter to go to court, including:

  • The complexity of the issues involved: Cases that involve complex legal issues or a large number of assets may take longer to resolve than simpler cases.
  • The willingness of the parties to cooperate: If the parties are able to communicate effectively and are willing to work together to resolve their differences, it may be possible to resolve the case more quickly.
  • The availability of court resources: The time it takes for a case to go to court can be affected by the availability of judges, courtrooms, and other resources.
  • The number of cases on the court’s docket: If the court is dealing with a large number of cases, it may take longer for a case to be heard.

Ultimately, the length of time it takes for a family law matter to go to court will depend on the specific circumstances of the case and the efficiency of the legal system in which the case is being heard.

How Mediations Australia can help

In determining who gets what after a divorce, our team at Mediations Australia can give you advice and representation.

Most importantly, you do not need to be divorced to do a property settlement. In fact, it’s better that you split assets as soon as possible after separation.

We have a team of family lawyers and mediators who can assist you in CanberraPerthAdelaideMelbourneSydney, and all other locations in Australia. Get legal advice from us today!

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