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Family lawyer clears up common misconception
A Queensland lawyer has responded to what she calls a misconstrued notion many have about family law outcomes.
Emma Musgrave
Creevey Russell Lawyers’ Leith Sinclair said there’s a perception rife within family law that assets are distributed equally in the event of a break-up, however noted that this couldn’t be further from the truth in many cases.
“Often, at the end of a long relationship, the court will make an order where each party gets an equal share,” Ms Sinclair said.
“But this decision is not the starting point: instead, it is the result of a particular approach and analysis carried out by the court, taking into consideration various factors.
“Every outcome is different, just like every relationship is different.”
Ms Sinclair said there are many factors that often see the court decide one party should get more than the other party.
This includes if one party has the majority care of the children of the relationship; if there is no, or little, likelihood of the children’s expenses being shared; and if one party can prove they have health issues that impact on their employment prospects.
She added that the court can also rule in favour of one party if one party earns a lot more than the other party; if one party brought into the relationship most of the value of assets at the start of the relationship; and/or if one party, during the relationship, received an inheritance, or won money, or otherwise enjoyed a windfall.
“The effect of the presence of a factor like those listed is rarely significant,” Ms Sinclair said.
“Sometimes, it can result in a humble adjustment of around 1-2 per cent extra. Rarely will it be more than 10 per cent extra.
“Often, any adjustment for one party might [be] adjusted back because of a similar adjustment for the other party, like swings and roundabouts.”
Emma Musgrave
Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.
Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences.
Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.
She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University.
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