Episode 20: What's fair when you split your assets?
Mar 20, 2023
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Lauren Patford-Smith, a Family Law expert from Padford-Smith Legal Services, discusses the complexities of dividing assets during separation. She highlights how a simple 50-50 split isn’t always fair, emphasizing the importance of contributions—both financial and non-financial. The conversation covers the impacts of caregiving roles, relationship length, and the significance of mediation in achieving equitable outcomes. Listeners learn how unique circumstances inform tailored asset division strategies, ensuring a more just resolution.
Dividing marital assets requires careful evaluation of both financial and non-financial contributions, including the roles of primary caregivers and breadwinners.
The circumstances of each party, such as the length of the marriage and future earning capabilities, significantly influence the fairness of property division.
Deep dives
Understanding the Marital Asset Pool
The determination of what constitutes a marital asset pool is crucial during property settlements following separation. Assets generally include all earnings and purchases made during the relationship, as well as debts, particularly those in joint or single names. It is essential to consider not just the financial contributions, but also the timing of asset acquisition and the financial responsibilities taken on by each partner. For instance, superannuation is categorized as an asset and can significantly impact the overall division of property.
Examining Contributions Beyond Finances
In property settlements, various types of contributions are examined, including financial and non-financial aspects. Financial contributions refer to direct monetary inputs, while non-financial contributions might include homemaking or renovations that enhance the value of shared assets. Both primary caregivers and breadwinners contribute significantly to the relationship, and their roles are considered equal under the law. Many times, the non-financial contributions made by a homemaker, such as raising children, can greatly affect their future earning capacity and overall financial stability post-separation.
The Role of Circumstances in Property Splits
The specific circumstances surrounding a separation play a pivotal role in determining the fairness of property division. Factors such as the length of the marriage, age, health, and future earning capacities of both parties are taken into account. For instance, younger partners may have more time to recover financially after separation, while older partners may face challenges due to limited years in the workforce. Furthermore, new relationships formed post-separation might influence the perception of future needs and can complicate settlement negotiations.
Navigating Fairness and Legal Guidance
Achieving a fair property settlement often requires careful navigation of legal considerations and a thorough understanding of both parties' needs. Courts aim for equitable resolutions based on a holistic view of each party’s contributions and future requirements, rather than adhering strictly to perceived notions like a simple 50-50 split. Legal experts encourage parties to pursue mediation and negotiate terms amicably, as this not only preserves resources but also fosters healthier post-separation relationships, especially in the context of co-parenting. Full transparency about assets and responsibilities is crucial, as undisclosed information could lead to future complications and adjustments in settlements.
Dividing assets and property in separation and divorce may seem like a simple equation, but it gets complicated quickly. A 50-50 split may not always be the best outcome. Listen to find out what factors need to be considered in determining a fair property split. In this episode, we talked to Lauren Patford-Smith of Padford-Smith Legal Services about:
the 4-step process of Family Law
what assets and debts should you should include in your marital asset pool
how the length of your relationship and when you acquired assets impact the percentage split
how financial and non-financial contributions are considered
how the circumstances of your situation over the life of your relationship affect the split
what happens when one person has spent time out of the workforce as a primary carer
how your needs after separation are considered.
Listen here, or listen and subscribe wherever you get your podcasts.
For more information on property splits, check out these resources:
Blog:
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The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.
Disclaimer The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.
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