What is My Wife Entitled to in a Divorce Australia? 

Divorce is a period of turmoil in any couple’s life. Going through the divorce process is always challenging, even with the couple’s mutual consent. Divorce separates the couple from living under the same roof and in all aspects of life, such as property, assets, home, children, and everyday chores.

“For some reason, we see divorce as a signal of failure, even though each of us has a right, and an obligation, to rectify any other mistake we make.” 

– Joyce Brothers –

The general view about divorce is that women get a considerable sum of everything. But is it true? In this blog, I will explain all the significant sums a wife is entitled to in Australia for a divorce. Let’s read it and learn about the facts tainted with the untrue perception of society.

What is My Wife Entitled to in A Divorce Australia?

The Australian government has not defined rules or percentages to determine what a wife is entitled to in a divorce. The court divides assets if the couple disagrees on mutual terms. This division is not uniform in all cases. Still, it depends on several factors, such as financial and non-financial contributions, the children’s well-being and each partner’s future needs.

There are several different ratios of how the assets are split between a husband and wife. The most common type of divorce splits include  60/40 or 70/30.

A 50/50 division is rare, mostly in couples agreeing on mutually decided terms. The Family Law Act 1975 states a four-step process that courts follow to reach a fair and just decision in split cases. So, the amount a wife is entitled to in Australia can vary depending on the case specifications.

A huge misconception among people is that the gender of a person will work in their favour in cases of split, but this is untrue. The precise answer to the question, “What is My Wife Entitled to in A Divorce Australia?” is determined after carefully evaluating several factors rather than making a gender-based decision.

Moreover, there is no automatic pre-assumption of a 50-50 split. The law does not favour one gender over the other. Instead, it focuses on the contributions and requirements of each partner involved. Here is the broken down of different entitlements that a wife entitled to in a divorce in Australia:

1. Property Settlement for A Wife in Divorce

Property settlement is a crucial part of a divorce as it requires keen attention and participation of both partners. The initial step of property settlement is determining the assets considered part of the marriage. All the assets, liabilities, real estate, and non-financial assets acquired during the marriage will be regarded as during property settlement regardless of the fact of whose name they are in. This includes cars, furniture, family homes, and investments.

The court will consider the following factors for the property settlement for a wife in divorce:

• Each party made financial and non-financial contributions to the property’s purchase, preservation, and enhancement.
• The impact of the proposed instructions on each party’s future requirements, taking into account factors like age, health, and earning potential.
• Each party’s property, earnings, and financial resources.
• The parental obligations of each involved party.
• Anything else the court finds crucial.

2. Superannuation

According to the Family Law Act 1975, the division of superannuation is also essential in the split of a couple in Australia. Superannuation is considered a part of a marriage’s financial contribution, and dividing it during property settlement is necessary. It can be split between the couple, either by mutual agreement or by the court’s orders.

3. Spousal Maintenance

Along with the property settlement, a wife can get spousal maintenance if the court finds her eligible. Spousal Maintenance is the financial aid paid by one partner to the other to help them maintain their living standards after divorce. Before giving the orders of spousal maintenance, the court will consider factors such as property, income, financial resources, future needs, and earning capacity.

The contributions, financial and non-financial that each party made to the purchase, preservation, and enhancement of the property

Notably, the court’s orders are intended to be reasonable and equitable, not necessarily equal. This implies that the assets and property will only sometimes be divided 50/50 by the court, or it will only give the order of spousal maintenance after considering the condition of the other partner.  Instead, the court will weigh all pertinent information and issue just and appropriate decisions given the situation. 

4. Child Custody for A Wife in Divorce

During a divorce, the primary concern of the court and parents is to protect the child’s best interest. The court will make decisions based on protecting children’s rights and prioritising their well-being. The court will consider a variety of factors when determining the best interests of the child, including:

• Children’s relationship with each parent
• Children’s relationships with other family members, such as  siblings and grandparents
• The child’s age, level of understanding, and maturity.
• The child’s physical, intellectual, and emotional needs
• Children want to know if they are mature enough to express themselves.
• The ability of each parent to fulfil the child’s needs
• The parenting capacity of each parent
• The child’s cultural and religious beliefs. 
• The child’s interaction with the surroundings, including schools and extracurricular activities.
• The court may also decide to award sole or joint custody of the children.
• When a parent has sole custody, it indicates that they are primarily in charge of their children’s daily care and are the only ones who make significant choices regarding their upbringing.
• Joint custody entails that both parents have equal responsibility for the children’s daily care and jointly decide on essential aspects of their upbringing.
• The best interests of the kid come first for the court, and they will weigh their options carefully.

Conclusion

This blog must have given you a clear understanding of what a wife is entitled to in Australia for a divorce. But the question is, “Are you capable of handling all the legal matters yourself?” The correct answer to this question is “No”. It would help if you had a skilled divorce lawyer to share your legal burden and responsibilities. Divorce lawyers at Aussie Legal Partners will help you pull yourself out of this situation without damage.

Our lawyers will make a strong case with a comprehensive assessment of various factors to ensure a fair and equitable distribution of assets and responsibilities. Moreover, we will highlight all the unique circumstances you faced during your marriage or will face after your divorce. In this way, your rights will be protected, and justice will be served.

For a detailed discussion of the specifications of your case, contact us today and take advantage of the chance to have a free initial consultation with our top-notch lawyers.

FAQs

What is a wife entitled to in a divorce settlement?

A wife is entitled to a fair and equitable share of the assets, real estate, and property accumulated during the marriage in a divorce settlement in Australia. It may consist of a share of the vehicles, savings, family home, investments, and any superannuation saved during the marriage.

What is the average split in a divorce settlement Australia?

Most asset split case proceedings result in a 55 to 65% division as it favours the economically weaker spouse, mostly the wife, before payment of legal fees. However, the result of your property settlement mostly depends upon your practical circumstances.

Can you refuse a divorce in Australia?

Sometimes, you get sceptical about the decision to divorce and deny the plan to deny it. To deny your divorce, you must file for it and the necessary court paperwork. Appear at the divorce hearing to describe why you want the application dismissed.