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“I had a great experience with this law firm. Jas and the team were professional, supportive, and genuinely committed to helping me through a stressful litigation matter. Communication was clear and consistent, and I always felt like I understood what was happening at every stage. Their attention to detail and strategic approach made a real difference. Highly recommend them to anyone needing strong, reliable representation.”
Who Gets What <strong>$$$</strong> After Separation in 2026? <span>Property Division Without the Legal Jargon. Part 1</span>
Who Gets What In Financial Divorce & Separation
When couples separate, one of the first questions is, “Who gets what?”
Australian family law has a structured way of answering that question. It is not about who is “to blame” for the breakup. It’s about working out a fair and “just and equitable” division of the property you have at the time of the settlement.
In simple terms, the court (or your lawyers in negotiations) usually look at the four steps:
- What is in the property pool?
This includes assets in your name, your ex’s name and sometimes in companies or trusts you control – things like the home, investment properties, savings, vehicles, shares and superannuation.
- What were each party’s contributions?
Contributions are much broader than “who earned the most”. They include:- Financial contributions (income, inheritances, savings, lump sums)
- Non‑financial contributions (renovating a property, unpaid work in a business)
- Contributions to the welfare of the family (raising children, running the household).
- What are your future needs?
The law then looks at each person’s age, health, income and earning capacity, who is caring for the children, and other responsibilities. If one person is likely to struggle more financially in future, that can justify an adjustment in their favour.
- Is the overall result fair?
Finally, the court stands back and asks: “Is this division just and equitable in all the circumstances?” If not, further adjustments can be made.
How to Investigate Your Desired Outcome
You don’t need to go to court to use this approach. Good family lawyers apply the same logic to negotiate and reach agreement, either directly between lawyers, at mediation or through a formal Binding Financial Agreement (BFA) or Consent Orders filed with the Court.
The law also treats marriages and de‑facto relationships in a very similar way for property division purposes. Time limits apply, so it’s important to get early advice, especially if there are businesses, trusts or overseas assets involved.
Trends and Outcomes in Property Division
Asset pools
- Court‑filed property cases involve somewhat larger pools.
- The median net property pool in litigated cases is around $550,000.
- Approximately half of all court property matters fall below this “small pool” threshold, thus use the small‑claim pathways.
Order splits
- Where there are children, the primary‑carer or primary‑homemaker party (often the mother) typically receives a modest majority share of the net asset pool.
- Court decisions and settlement patterns explicitly link higher shares to homemaker and child‑care contributions and to future needs (particularly where one party has the major responsibility for the care of children).
- Across studies, the primary‑carer share is commonly in the mid‑50s per cent (around 55–60%), with the other party receiving the remaining 40-45%).
- High-Net-Worth Cases: Adjustments for future needs averaged 8–12% in favour of lower-earning spouse.
Case times
- Outside the court system, about half of couples who have property to divide resolve their property arrangements within one year of separation.
- Around 30 per cent take two years or more to reach a final outcome, with longer timeframes more common where asset pools are larger or issues are more complex.
- Median time to resolution in those small‑pool streams is typically around 4–6 months,
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At Goldman Lawyers, our role is to help you understand your realistic range of outcomes, then design a strategy that protects your financial future while keeping legal costs under control.
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Our Experience

Family Law
Outstanding results from our expert team in mediation, parenting, financial and court action or appeals in family law matters nationally across Sydney.
01.

Criminal Law
Expert senior criminal team with proven results in local court, defended matters, appeals and complex criminal including financial and fraud .
02.



Trusts & Wealth
Wealthy families set up trusts to protect, increase, reduce tax and distribute wealth. Our experience means trusts can be set-up by all.
03.



Medical & Health
A wealth of experience in health law. We represent you for notifications to AHPRA to registration or renewal issues; and successfully defend health practitioners against professional misconduct or med-neg.
04.



Estates & Wills
Estate planning means understanding your needs and desires, for the best course of action that safeguards assets and your family. More than just a will. We have over 20 years of experience and are a fellow of STEP.
05.



Corporate & Commercial
Practical sensible advice for business to limit your liabilities including company structures and regulation. Planning, growth, and expansion including shares, finance, assets, asset protection and global structures.
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Litigation &
Disputes
Leading lawyers in complex litigation; accredited as mediators for alternative dispute resolution. Multi-jurisdictional tax and finance litigation.
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International &
Domestic tax
Assist with cross-border wealth, expat income and investments. Comprehensive domestic and international wealth and tax planning.
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Cyber
Law
We assist in identifying, mitigating and responding to cyber law as well as managing responsibility resulting from legal action or regulatory scrutiny.
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Experience & Trust
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
Solutions For HNW & Private Clients
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Our legal experience includes:
- Complex family law or criminal matters
- Estate and succession planning including administration and probate
- Trusts, administration, succession of control of trusts, managing special disability trusts, advising on trust interpretation and trust disputes
- Business corporate and commercial, transaction, disputes, succession planning, including sale, acquisition, shareholder/unitholder agreements
- Asset protection structuring to minimize exposure to creditors and the Family Court
- Charitable trusts and foundations
- Superannuation and taxation, offshore, low tax and domestic issues
- Migration and international wealth.
- Complex assets, such as jets or yachts, art, NFT’s and property
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Typical Clients and Industries Include...



Private Clients & Private Wealth Law
- High Net Worth
- Remarkable Individuals
- Celebrities & Sports
- Family Offices
Established team for numerous cross-border transactions and disputes, including complex and sensitive disputes. We are a full-service firm for Private clients from small to large matters. We remain an independent firm, thus Goldman has the flexibility to work with clients and other firms internationally with fewer restrictions.



Corporate & Commercial, Local and Global
- Entrepreneurs
- Family Offices
- Private Funds
- Private Equity
- International Tax & Asset Planning
- Cyber Start Ups
- Private Portfolio’s
Diverse industry experience in IP, Tech, Cyber, services, trading, global licensing, family-owned business, family offices, corporate and commercial, international finance, litigation, regulatory and restructuring.



Other Professionals
Banks & Funds
- Private Banks
- Private Client Lawyers
- Accountants
- Advisors
- Family Offices
Work with for the specialist needs of individuals and private groups in diverse areas such as family law, criminal and regulatory investigations (Interpol). Global assets and restructuring, planning, and restructuring. Estate planning and trusts as well as low tax regimes and other legal advice
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“I want to say much gratitude to Jas, Ekta and Kerry for listening, collectively demonstrating a strong sense of humanity, for responding quickly when time was of the essence and for being real without the window dressing. We are grateful we found you and will continue to do business with you. Many thanks to you all and to Goldman Lawyers.”
“I had a great experience with this law firm. Jas and the team were professional, supportive, and genuinely committed to helping me through a stressful litigation matter. Communication was clear and consistent, and I always felt like I understood what was happening at every stage. Their attention to detail and strategic approach made a real difference. Highly recommend them to anyone needing strong, reliable representation.”
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“Goldman Lawyers guided me through one of the toughest times of my life with professionalism and compassion. Thanks to thier expertise, I achieved a better outcome than I ever expected.”
- 30+ Years of Experience
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FAQs on
Compiled With Over 10Years of Data From Real Client Questions
Many of our family law clients are business owners, professionals or high‑net‑worth individuals with companies, family trusts, self‑managed super and assets in multiple countries. We therefore combine specialist family law expertise with our tax, trusts, estates and commercial teams so that your parenting, property and financial arrangements are managed as one integrated strategy, not in separate silos. (Goldman Law)
We regularly deal with cross‑border divorces, international relocation, complex business valuations, restructuring after separation, and disputes over control of trusts or family entities. Our senior lawyers appear in the Federal Circuit and Family Court and higher courts, and are known for strong litigation skills while still prioritising negotiated outcomes where appropriate. (Goldman Law)
From the first 30‑minute strategy consult, we’ll map out your options (including “guided self‑help” and fixed‑fee models where suitable) so you understand the likely costs, timelines and best‑ and worst‑case scenarios before committing. (Goldman Law)
Our criminal practice is led by senior counsel with a strong court presence and a reported 99%+ success rate across defended matters. (Goldman Law) We focus on early strategy: analysing the brief, preserving evidence (including digital), managing risk to your professional registration or visa, and negotiating with police or prosecutors where appropriate.
We appear in Local, District and Supreme Courts and deal with a wide spectrum of matters, including fraud and financial crime, violence and domestic violence orders, regulatory offences and matters that intersect with family law or professional discipline (for example, doctors facing AVOs or criminal allegations). (Goldman Law)
Throughout, we’re clear about prospects, plea options and costs, and we integrate media and reputational considerations for high‑profile clients where needed.
Trusts & Wealth is one of the firm’s core private‑client practice areas. Our principal has more than 30 years’ experience in global wealth planning, and the firm has deep expertise in discretionary trusts, hybrid trusts, testamentary trusts, offshore trusts and foundations. (Goldman Law)
We design structures for asset protection, intergenerational wealth transfer, tax efficiency and succession planning, often in careers and sectors that are highly litigated (doctors, engineers, entrepreneurs, directors). We also advise on reorganising legacy structures that have become tax‑inefficient or risky. (Goldman Law)
Being a STEP‑affiliated firm in trusts and estates, we’re comfortable coordinating with overseas advisers and family offices to ensure structures work across Australia, the UAE, Europe and beyond. (Goldman Law)
Goldman Lawyers has long experience in medico‑legal disputes, regulatory investigations and health‑sector litigation. (Goldman Law) We act for doctors, surgeons, dentists and allied health practitioners in AHPRA investigations, hospital credentialing issues, Medicare and PSR matters, coronial investigations, disciplinary hearings and complex negligence claims.
We understand that many health professionals also have private practices, property and investments, so we link our Medical & Health team with our commercial, tax and asset‑protection lawyers to protect both your professional and personal balance sheet. (Goldman Law)
Where allegations overlap with criminal or family issues (for example, domestic violence, sexual assault or child‑related allegations), we coordinate strategy across those teams to minimise collateral damage to your license, reputation and future earning capacity. (Goldman Law)
Yes. Our Estates & Wills team handles both front‑end estate planning and back‑end estate litigation, including will disputes, family provision claims and complex cross‑border estates. We are recognised as leading senior lawyers in trusts, estates and wills and are STEP‑aligned. (Goldman Law)
On the planning side, we draft wills, testamentary and discretionary trusts, powers of attorney, enduring guardian appointments, superannuation death‑benefit nominations and bespoke structures for blended families and international assets. On the disputes side, we act in challenges to unfair wills, inheritance claims, mental‑capacity and guardianship disputes, and cross‑border succession issues where foreign forced‑heirship rules and tax regimes may apply. (Goldman Law)
We’ll usually start with a strategy consult to clarify whether negotiation, mediation or litigation is the best pathway and discuss whether litigation funding or alternative fee structures may be available in estate matters. (Goldman Law)
Our Commercial & Corporate (Commercial Structures) practice focuses on entrepreneurs, family offices, private investors and growth businesses in Australia and globally. (Goldman Law) We advise on entity structuring, shareholders’ and unitholders’ agreements, joint ventures, private equity deals, venture capital arrangements, corporate governance and director risk.
We also have a long track record in commercialising intellectual property and complex projects, including film and media financing, pharmaceutical and vaccine commercialisation, and high‑value technology deals, often using sophisticated funds and cross‑border tax‑driven structures. (Goldman Law)
Because our lawyers have been directly involved in fundraising and structured finance, our advice is not purely theoretical – we calibrate documentation to the commercial reality so that deals are bankable, tax‑efficient and actually close.
Goldman Lawyers acts in high‑stakes litigation and class actions across commercial, financial, tax, medico‑legal and regulatory disputes. (Goldman Law) We are experienced in Federal Court, Supreme Courts, appellate work and multi‑jurisdictional matters involving offshore structures or foreign regulators.
Our approach is to map litigation risk early, including cost, timeframes, settlement ranges and reputational impact. We use targeted discovery, carefully chosen counsel and, where appropriate, litigation funding or bespoke fee arrangements (especially in family and estate litigation) so that clients can pursue or defend significant claims without taking on disproportionate financial risk. (Goldman Law)
Because we are multi‑disciplinary, our litigators can draw on tax, corporate, health, cyber and family experts inside the firm – a real advantage in complex disputes where issues overlap. (Goldman Law)
Goldman Lawyers is an award‑winning tax litigation and international tax practice – including recognition as “International Tax Law Firm of the Year in Australia – 2025” and domestic tax awards for ATO dispute work. (Goldman Law)
Unlike a pure accounting firm, we combine tax planning with legal strategy, dispute management and litigation. We act on ATO audits, objections, settlements and Federal Court appeals, as well as cross‑border structuring, tax residency disputes, use of low‑tax jurisdictions, exit and migration planning, and tax‑driven reorganisations of family and corporate groups. (Goldman Law)
For high‑net‑worth individuals, family offices and SMEs, we work alongside (not instead of) your accountants and financial advisers – we handle the legal risk, rulings, negotiations and court aspects so that your financial and legal teams are aligned.
Our Cyber Law practice reflects Goldman’s experience in technology, IP commercialisation and international regulatory frameworks. We advise on data breaches, privacy compliance, cyber‑security obligations, technology contracts, SaaS licensing, crypto‑adjacent risk issues and disputes involving online defamation and social‑media platforms. (Goldman Law)
We are particularly active for cyber start‑ups, scale‑ups and investors, where issues of IP ownership, cross‑border data flows, export controls and funding terms all intersect. (Goldman Law)
For HNW individuals and family offices, we also advise on reputation and privacy in the digital environment – including take‑down strategies, platform complaints, and coordinated litigation where online content crosses the line into defamation or harassment.
When high‑net‑worth individuals, family offices and successful business owners look for a law firm, they’re usually not searching for “just” a divorce lawyer, a tax adviser or a litigation team. They’re looking for a private‑client law firm that can protect their family, their wealth and their business interests in a joined‑up way – across family law, trusts and estate planning, international tax, commercial and corporate law, litigation, financial crime, medical and health law and cyber law. (Goldman Law)
Key things sophisticated clients typically look for are:
- Proven expertise in the right practice areas
- For wealthy families and entrepreneurs, that usually means family law, trusts & wealth, estates & wills, commercial & corporate, litigation & disputes and international & domestic tax as a baseline. (Goldman Law)
- Where there are professional practices (doctors, executives, directors), they also want health & medical and employment/regulatory experience. If they hold or invest in technology and online businesses, cyber law and IP are important too. (Goldman Law)
- Genuine senior‑lawyer attention – not a “bait‑and‑switch” model
- HNW clients and SME founders expect their matters to be led by experienced senior lawyers, not buried deep in junior teams. Goldman Lawyers was built around a “best senior lawyers” model, with strategy driven by practitioners who have decades of experience and court exposure. (Goldman Law)
- This is especially important in complex disputes, ATO tax audits, will challenges, cross‑border divorces and high‑risk criminal or regulatory matters – where early decisions can dictate the entire outcome. (Goldman Law)
- Multi‑jurisdictional reach (Australia + key wealth hubs)
- Modern wealth is global. Many of your peers hold assets or structures in Australia, the UAE, the UK, Europe or low‑tax jurisdictions; they may have children in multiple countries and mixed‑domicile marriages. (Goldman Law)
- Goldman Lawyers has offices and presence across Sydney, Melbourne, Brisbane and Perth, and an international footprint connected with Dubai, Abu Dhabi, Auckland and London, supported by long‑standing relationships in other tax and finance centres. (Goldman Law)
- For clients, that means family law, tax, trusts, estates, commercial and regulatory issues can all be managed with an understanding of cross‑border rules, tax residency, forced heirship and offshore structures.
- Award‑winning track record, particularly in complex tax and disputes
- Awards aren’t everything, but they’re a signal. Goldman Lawyers has been recognised as International Tax Law Firm of the Year in Australia (2025) and as a domestic tax disputes leader, reflecting its depth in ATO audits, objections and Federal Court appeals. (Goldman Law)
- The firm also has a long history of success in complex commercial litigation, class actions, medico‑legal disputes and family and estate litigation, often involving IP, patents, structured finance and cross‑border assets. (Goldman Law)
- A true “private‑client” service model
- In Europe and the US, “private‑client” law firms have long catered to HNW families, intergenerational wealth and family businesses, offering a high‑touch, multidisciplinary service. In Australia, this model is still relatively rare. (Goldman Law)
- Goldman Lawyers positions itself as a multi‑practice private‑client firm: the same team that handles your family law property settlement understands your trusts and wealth structures, your international & domestic tax position, your commercial contracts and your estate plan. (Goldman Law)
- This avoids the common (and expensive) problem of mismatched advice from separate firms that don’t talk to each other.
- Clear, flexible pricing and funding options
- Sophisticated clients want certainty and options – not an open‑ended hourly‑rate surprise. Goldman Lawyers offers a free 30‑minute legal strategy information meeting with a senior lawyer and uses fixed, staged or capped fees where the matter type allows. (Goldman Law)
- In suitable family and estate litigation, the firm also works with specialist litigation funding providers, particularly for will disputes and some family law matters, to spread or defer the cost of running proceedings. (Goldman Law)
- Cultural fit, discretion and responsiveness
- HNW individuals, founders and executives expect discretion, speed and straight answers. Goldman emphasises confidential, high‑touch service, with a dedicated client liaison team and “Fast Note” options for quick questions, plus structured call‑back and strategy‑session processes. (Goldman Law)
- Many clients also appreciate that the firm is independent – not tied to a bank or large institutional network – so it can work alongside their existing private banks, accountants, family offices and global advisers. (Goldman Law)
In short: HNW individuals, emerging wealthy families, family offices and SME owners usually look for a senior‑led, internationally aware, multi‑practice private‑client firm that can handle family, wealth, tax, business and disputes under one roof, with offices across Australia and key global hubs and a transparent, strategic approach to fees and funding. Goldman Lawyers has structured its nine practice areas – Family Law, Criminal Law, Trusts & Wealth, Medical & Health, Estates & Wills, Commercial & Corporate, Litigation & Disputes, International & Domestic Tax and Cyber Law – precisely around those needs. (Goldman Law)
Family Law Litigation Funding with Justfund
ESTATE & FAMILY LAW LITIGATION FUNDING
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Goldman Lawyers + JustFund provide a safe, transparent, and flexible way to fund your family law matter now — and repay only after settlement.
This service is ideal for clients experiencing:
- Financial abuse
- Restricted access to joint funds
- Delays in settlement
- Asset imbalance
- Urgent need for legal protection
Why Clients Choose Family Law & ESTATES LITiGATION FUNDING?
- No upfront legal fees
- No repayments until settlement
- No credit score impact
- Ideal for financial abuse matters
- Tailored for family law disputes
- Fast approval (5–7 days)


How Legal Funding Works:
Eligibility Criteria


Eligibility Criteria
- Property settlement matters
- Real estate, trust funds, business interests, investments
- Parenting matters only when linked to a financial settlement
Eligible asset types:
- Residential or investment real estate
- Funds held in trust
- Business interests
- Investments
- Superannuation (in some cases)
Why Choose Goldman Lawyers + JustFund?
If financial pressure is preventing you from progressing your family law matter, Goldman Lawyers can guide you through the legal funding process. We support you at every stage, ensuring compliance, transparency, and a smooth experience aligned with Google Screened standards. Begin your application at JustFund.com or contact Goldman Lawyers for tailored legal advice.
Take Control Today:
- Book a Free Consultation
- Start Your Application
- Speak to a Lawyer Now


FAQ - What QUESTIONS Clients Ask
Compiled With Over 10Years of Data From Real Client Questions
Why Legal Funding Matters in Family Law
Family Law Matters
Family law disputes are often complex and can take many months or even years to resolve. During this time, it is common for one partner to have complete control over the financial resources, while the other struggles to access even basic funds. Without legal funding, clients may be forced to delay action, settle unfairly, or remain in harmful situations. Legal funding ensures that every client, regardless of financial circumstances, can obtain representation and negotiate from a position of strength.
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Protecting from the unthinkable. Be Informed and protected on families, life, succession, assets and wealth.


Complex Disputes & Litigation
Complex litigation or sensitive dispute resolution. Fearless litigators to defend or protect individuals and organizations.
Experience & Trust
With deep local and international expertise for over 30 years.
Growing and protecting successful individuals, family offices and business.
Experience & trust built through sheer hard work
Solutions For HNW & Private Clients
Specialized Experience & Expertise
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Our legal experience includes:
- Complex family law or criminal matters
- Estate and succession planning including administration and probate
- Trusts, administration, succession of control of trusts, managing special disability trusts, advising on trust interpretation and trust disputes
- Business corporate and commercial, transaction, disputes, succession planning, including sale, acquisition, shareholder/unitholder agreements
- Asset protection structuring to minimize exposure to creditors and the Family Court
- Charitable trusts and foundations
- Superannuation and taxation, offshore, low tax and domestic issues
- Migration and international wealth.
- Complex assets, such as jets or yachts, art, NFT’s and property
- Velit esse quam nihil molestiae consequatur, velillu.
Typical Clients and Industries Include...



Private Clients & Private Wealth Law
- High Net Worth
- Remarkable Individuals
- Celebrities & Sports
- Family Offices
Established team for numerous cross-border transactions and disputes, including complex and sensitive disputes. We are a full-service firm for Private clients from small to large matters. We remain an independent firm, thus Goldman has the flexibility to work with clients and other firms internationally with fewer restrictions.



Corporate & Commercial, Local and Global
- Entrepreneurs
- Family Offices
- Private Funds
- Private Equity
- International Tax & Asset Planning
- Cyber Start Ups
- Private Portfolio’s
Diverse industry experience in IP, Tech, Cyber, services, trading, global licensing, family-owned business, family offices, corporate and commercial, international finance, litigation, regulatory and restructuring.



Other Professionals
Banks & Funds
- Private Banks
- Private Client Lawyers
- Accountants
- Advisors
- Family Offices
Work with for the specialist needs of individuals and private groups in diverse areas such as family law, criminal and regulatory investigations (Interpol). Global assets and restructuring, planning, and restructuring. Estate planning and trusts as well as low tax regimes and other legal advice
Our Experience

Family Law
Outstanding results from our expert team in mediation, parenting, financial and court action or appeals in family law matters nationally across Sydney.
01.



Criminal Law
Expert senior criminal team with proven results in local court, defended matters, appeals and complex criminal including financial and fraud .
02.



Trusts & Wealth
Wealthy families set up trusts to protect, increase, reduce tax and distribute wealth. Our experience means trusts can be set-up by all.
03.



Medical & Health
A wealth of experience in health law. We represent you for notifications to AHPRA to registration or renewal issues; and successfully defend health practitioners against professional misconduct or med-neg.
04.



Estates & Wills
Estate planning means understanding your needs and desires, for the best course of action that safeguards assets and your family. More than just a will. We have over 20 years of experience and are a fellow of STEP.
05.



Corporate & Commercial
Practical sensible advice for business to limit your liabilities including company structures and regulation. Planning, growth, and expansion including shares, finance, assets, asset protection and global structures.
06.



Litigation &
Disputes
Leading lawyers in complex litigation; accredited as mediators for alternative dispute resolution. Multi-jurisdictional tax and finance litigation.
07.



International &
Domestic tax
Assist with cross-border wealth, expat income and investments. Comprehensive domestic and international wealth and tax planning.
08.



Cyber
Law
We assist in identifying, mitigating and responding to cyber law as well as managing responsibility resulting from legal action or regulatory scrutiny.
09.
Asset Protection Moves Into The Marriage? GAMBLING & WASTEFUL SPOUSES.
Introduction
How will the Court deal with your financial property dispute now that wastage, stealing, or other losses by one party will now not be added back to the balance sheet (asset pool of the parties).
Goldman Law provides planning tips to avoid property injustices in family law disputes.
What Was The Problem With Add Backs?
In Australian family law financial matters, “addbacks” refer to amounts of money or assets added back into the matrimonial asset pool during property settlements. Addbacks address financial conduct by one party that has unfairly reduced the available assets for distribution.
Common reasons for addbacks include:
- Wasteful Expenditure:
Funds spent recklessly, extravagantly, or without mutual agreement after separation.
- Assets Hidden or Disposed of:
Assets deliberately hidden, transferred, or sold at undervalue to diminish the pool available for division.
- Legal Costs Paid from Joint Assets:
Legal fees paid from joint funds without mutual consent or inappropriately.
- Unilateral Use of Joint Assets:
One party unilaterally accessing joint funds for personal use post-separation, significantly reducing the pool.
- Premature Distribution:
Taking and using property or funds without agreement prior to a formal property settlement, thus altering the equity of distribution.
The Law Prior to the Shinohara Decision
The Australian courts consider addbacks carefully, following the principles established in the landmark case Stanford v Stanford[1], focusing primarily on whether an addback is just and equitable in the context of the overall settlement.
After Stanford v Stanford, In Bevan,[1] Bryant CJ and Thackray J said “notional property”, which is sometimes “added back” to a list of assets to account for the unilateral disposal of assets, is unlikely to constitute “property of the parties to the marriage or either of them” and that such add backs form part of the forms part of the history of the marriage.
The Decision In Shinohara
The Full Court of the Federal Circuit and Family Court of Australia has considered how the post-10 June 2025 amendments to the Family Law Act affect the inclusion of add backs in financial proceedings.
The Full Court rejected the father’s argument that the statutory amendments merely codified case law allowing such add backs. Instead, their Honours clarified:
- Section 79(3) requires a court to identify and adjust only current property.
- Add backs must not be placed in the balance sheet for division purposes.
The Court has said that the categories of “notional add-backs” and principles as to adding back property items or expenditure on a ‘dollar for dollar’ basis must not be added back into the balance sheet at all, but taken up as part of either a holistic weighting of contributions, or via s79(5) (i.e. formerly, s75(2)).
In the Shinohara case, the trial judge thus had erred in adding to the balance the “addbacks” and this was notional property, or property that did not exist.
The recent amendments to the Family Law Act were considered not to codify such an action but rather to look at “addbacks” in the context of the history of the relationship; and considerations as to “current and future” circumstances.
…“Section 79(5)(d) directs consideration as to whether a party has engaged in wastage of property or financial resources and its impact on the financial circumstances of the parties at the time of the assessment, being the date of trial,..”[1]
“So that it is clear, s 79 now directs that the categories identified in Omancini pre-amendment that were notionally added back are to be considered in ensuring a just and equitable outcome, either by way of historical contributions, or by way of their relationship to and impact upon the current and future circumstances at the s 79(5) stage. “[2]
What Has Changed ?
What Does This Mean For Clients?
Family lawyers debate about changing the “form” in the FCFOA to remove addbacks. Sadly, this misses the point as far as what clients now need to do to be protected from wasteful spouses. It is the consideration of such acts holistically to arrive at a just and equitable position between the parties. However, if a party wastes assets, AND there are insufficient assets for a just and equitable division of assets. This remains a serious issue in terms of what is then possible to reallocate in terms of the remaining assets for a fair split.
Client Strategies. You MUST Consider this!
Clients need to ensure that prior to financial proceedings or separation that they:
- Make sure that the opportunity to waste assets is minimized.
- The keeping of separate assets accounts and possibly separate liquid assets.
- Great care is taken in joint liabilities and things such as joint mortgages.
YOU must protect your assets whilst you are married otherwise it may be too late! Goldman Lawyers are experts in asset protection strategies and we welcome an initial strategy discussion.
It’s not just creditors that you have to worry about. Worry about the protection assets from a spendthrift, wasteful or gambling spouse.
Endnotes
[1] (2012) 247 CLR 108
[2] (2013) FLC 93-545 at [79]
[3] Shinhora ibid at para [124]
[4] Ibid at para [125]
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