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50:50 division of Matrimonial property

Published on Nov 19, 2015

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PRESENTATION OUTLINE

50:50 division of Matrimonial property

Is it fair? 
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FAMILY LAW ACT 1975

  • General rule:
  • Assets should be devided equally unless there is good reason for the contrary
  • ➡️ Aim to reach a clean break settlement
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GENERAL PRINCIPLES

  • Analysis of assets and debts' worth
  • Direct financial contribution by each party
  • Indirect financial contributions
  • Non-financial contributons
  • Future requirements
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Issue?

Maintaining the standard of living enjoyed by family before the end of marriage

Basis for rip off of income earner

50:50 DiVISION: FAIR?

  • Decision rule - subjective to case
  • Courts award property share for questionsble reasons
  • Custodial parent- large compensations for long term
  • Potential successful career miss out?
  • Division of property owned prior and post marriage + matrimonial property
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RICH DIVORCEES LIST

  • UK - 2 out of 100 women on rich list successful on their own
  • The rest: inharitance or divorce settlements
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50:50 DIVISION: FAIR?

  • Prospective career given up for family/ child bearing
  • Post divorce, start career from 0
  • It is equal and goes both ways
  • Possibility of prenups to avoid screw ups?
  • Child bearing/custody value
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WHAT IS YOUR VIEW ON THE MATTER?

THANK YOU

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