Scenario:
Jack and Jill have been married for eight years. Throughout the
entirety of the marriage Jack has gone to the local pub at least
three times per week and played the pokies for hours at a time.
Jill is also aware that Jack has a TAB account and regularly placed
bets on the horses and other sporting events.
Jack and Jill have been separated for six months. They have each
retained a lawyer and are about to begin the process of property
settlement.
Jill is convinced that Jack's gambling has caused loss to the
assets of their marriage.
Will Jack's gambling be taken into account in the property
settlement?
Answer:
It is important that you instruct your lawyer in relation to any
concerns you may have regarding gambling during the marriage.
Any loss caused by gambling may be considered economic misconduct
and therefore categorised as a "negative contribution" by the
Court. A negative contribution is where one of the parties has
embarked upon a course of conduct designed to reduce or minimise
the effective value or worth of matrimonial assets. If a
negative contribution can be proved the party who has caused the
loss to the assets may have to bear such loss out of their share of
the property.
Generally, there will need to be evidence of the conduct which has
caused loss to the assets of the marriage. For example if gambling
has caused the loss, receipts or bank statements of gambling
purchases would be useful to persuade the Court of such
transactions.
If your marriage or relationship has ended and you need to sort out
the property settlement, it's important to seek
experience Family Law advice. At Andersons we have a dedicated team of
solicitors working in our Family Law practice. You can contact them
through any one of our offices and arrange an initial free
consultation.
Please note, this Blog is posted in Adelaide, South Australia.
It relates to Australian Federal Family Law legislation.