MCG Legal    Blog    What if You’re a Stay-at-Home Mum and Getting Divorced?

It is a sad fact that not all relationships last. For many couples, the assets they accumulate during their relationship represent their entire life’s savings. So you might be asking: is there any position more disadvantageous than that of the stay-at-home mum? Well, don’t despair – the Court takes into consideration the work of a stay-at-home mum and rightly so!!!

Firstly, if you are contemplating divorce, it is important that all parties seriously consider mediation and/or negotiation prior to litigation. More and more people are utilising the Family Law and Federal Circuit Courts so waiting lists are growing, as are the delays in having matters dealt with. On one occasion we had to wait four years for a Judge to render their decision.

There are occasions where mediating and/or negotiating is not possible, e.g. where threats of violence have been made by one party against the other or one party is unwilling to participate.

 

The Court will identify and assess the contributions of both parties

Financial contributions can be things such as your incomes, your financial resources, any inheritance received, the net equity of your assets at the commencement of the relationship, or any windfalls you may have had during the relationship which have contributed to the preservation or acquisition of matrimonial assets.

The Court will also assess contributions to the care and welfare of the family which will include providing care to the children and the domestic responsibilities of the family such as cleaning, vacuuming, garden maintenance etc.

In long relationships, where the parties have started with equal or no assets, and one of the parties has been the primary income earner, while the other party has been the stay at home parent, Courts would generally assess each party as making equal contributions. Your entitlement is dependent on the particular facts of the relationship which is why it is imperative to have great lawyers in your corner.

 

What future circumstances might influence the Court in deciding how to divide the matrimonial assets?

If a party is in a financially disadvantaged position at the time of separation, then a financial adjustment will be made in their favour to counteract that imbalance. For example, a party who earns substantially less than the other party will receive a financial adjustment in their favour, which effectively gives a party more of the asset pool than they would otherwise have received, if not for that financial disparity. A party who is significantly older than the other party will likely receive a financial adjustment in their favour, as they are closer to retirement age and have less opportunity to earn an income. There are many other examples of how adjustments might be made in one party’s favour because they find themselves in a position of disadvantage.

Whilst this article gives you a view of the Court process it is always wise to seek legal advice as to the particulars of your relationship so you have an understanding of your entitlement. This allows you to start to negotiate a resolution with your former partner or spouse with confidence.

 

At MCG Legal we have a number of legal representatives who are able to assist in resolving your family law matters – if you are unable to agree on how to divide the matrimonial assets and require assistance with your property settlement matter, you should always seek legal advice. If you have any questions, please contact MCG Legal for more information or call us on (07) 5591 2222.

 

Recent Articles

3 Key Issues Businesses Need to be Aware of in 2019

2019 is shaping up to be a pivotal year for businesses. With the decreasing Australian dollar, a slowdown in overall growth and questions over property prices there is no doubt that business leaders need to be on top of all the changes. This includes the upcoming NSW and Federal elections. We’...

Read More

How to Help Your Child Through Your Divorce

Divorce is never easy and occasionally, children can get lost in the process. Parents may end up getting preoccupied with property and financial division, forgetting to check in on their children’s emotional and physical well-being during the process. We recommend all parents focus on ‘what...

Read More

Understanding the Separation Process

As a leading family law practice on the Gold Coast, we know just how difficult the divorce process can be for our clients. When a relationship breaks down, understanding the process will help you to navigate the various stages. At MCG Legal, we have actually been through it ourselves, so have the pe...

Read More

What if You're a Stay-at-Home Mum and Getting Divorced?

It is a sad fact that not all relationships last. For many couples, the assets they accumulate during their relationship represent their entire life’s savings. So you might be asking: is there any position more disadvantageous than that of the stay-at-home mum? Well, don’t despair – th...

Read More

The Best Co-Working Spaces on the Gold Coast

In recent years, the Gold Coast has become an entrepreneurial hub. As any entrepreneur would know, the flexibility associated with working for yourself is much better than the 9-5 grind of being chained to a desk. However, with freedom comes procrastination. Fortunately, there are plenty of great co...

Read More

Professional meet-ups on the Gold Coast

If you believe the old adage “it’s not what you know but who you know” then you will appreciate the importance of meeting like minded people. Professional meetups have been around for quite some time, and people know of them as an excellent way to meet new people with similar interests. Howeve...

Read More

Tips to Remember When Purchasing a New Home

Purchasing property is often the most significant purchases you will ever make. It’s a complex process requiring many decisions. However, there is no need to panic! We help property buyers and sellers on the Gold Coast and throughout Queensland with this process all the time. The following ar...

Read More

Our Top Australia Day Activities

You can’t beat Australia day on the Gold Coast! Cold drinks, great surf and raucous backyard parties. It doesn’t matter where you turn, you’re in for a good time. If you need some fresh ideas on how to spend your Australia day, check out some of our favourite ways to celebrate Aus...

Read More

Nick's Story

Last month we gave you an insight into MCG Legal’s Principal and founder Matt Gill. This month we’re throwing the spotlight on Nick Harrison! Nick arrived at MCG Legal with a unique blend of theoretical and ‘real life’ experience. Before becoming a lawyer, Nick served the community for appr...

Read More

Everything you need to know about DNA & Paternity testing

In Australia, it is estimated that more than 10,000 people each year sign up to find out whether their child is, in fact, biologically theirs. While that number seems large, it isn’t compared to places like the United States, where there are about five times as many paternity tests per head as...

Read More

Updates On E-conveyancing in NSW

Times are changing, and technology is playing a more pivotal role in conveyancing and the property services industry as a whole. As a Gold Coast law firm that helps clients with conveyancing and property work, we wanted to highlight to all our clients in NSW the changes that have recently been made ...

Read More

Why You Need a Strong Advocate on Your Side

Having a strong advocate on your side is critical. In this piece we dive into why it is so important to get you the best possible outcome. You don’t want a piecemeal lawyer who can’t tell you directly what they believe your best course of action. Having clear advice helps put on the path...

Read More