Who Loses the Most in a Divorce?

Divorce can have significant financial and emotional impacts, leading many people to wonder who loses the most during the process. Understanding how property settlements, financial contributions and future needs are assessed under Australian family law can help you better understand how divorce outcomes are determined. In this guide, the team at O’Sullivan Davies explains the factors that can influence divorce settlements and how the Family Court approaches a fair division of assets.

The Financial Impacts of Divorce

In a divorce, where agreement can be reached quickly, less is lost. But neither party gets back what is spent in time, money and effort arguing over issues that are small. They might not seem small at the time – which is why objective advice, testing your perceptions of what is going on and giving you reassurance whether action is needed or a reaction is appropriate, can be valuable.

How Property Settlements are Determined

In financial matters, property settlements occur by changing the ownership of existing items. This happens when one party does not currently own a just and equitable portion of the assets, particularly where:

• items are owned by one party and built up because of the efforts of both; or
• assets are owned jointly.

Parenting Matters in Divorce Outcomes

In most parenting matters, parents discuss and agree the arrangements for their children that work well for everyone.

But in high-conflict matters, kids lose parents who can cooperatively work together in their best interests. Where cooperation is not possible, responsibility is often assigned to the parent who can best focus on the children’s interests no matter what the other parent does or does not do.

Early advice is best, before issues develop or unrealistic positions are set in place.

Speak with an Experience Divorce Lawyer

If you are concerned about how a divorce may affect your financial position or property settlement, the team at O’Sullivan Davies can help. Contact our experienced divorce lawyers today for clear advice and support tailored to your situation.