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Can I get back what I put into the relationship?

By Braeden Watts | July 30, 2019 | 0 Comment

Below we discuss some common thoughts and misconceptions which you may have about splitting up and trying to establish your entitlement in your relationship in monetary terms. 

In monetary terms?  Hard line, we know. 

Sometimes you need to take a step back and assess your contributions commercially. Breathe. Try to assess the contributions which both of you have made to the relationship, IF you can cut out the emotional tie in.  All that in mind, you probably can’t establish precisely what you have contributed in monetary terms based solely on your financial contribution.  Let us explain …



I don’t want to get less money out than what I put in!

While this certainly seems like a logical approach, it is not the same approach which the Court will take.    The Court considers financial and non-financial contributions.  Contributions to the relationship are assessed in what is a ‘non mathematical exercise’ by the Court.  This is done to take into account a variety of personal factors, situations and living choices.  For example, while one party might have paid the mortgage which could be assessed in a financial sense, how do you quantify being a stay at home parent?  Perhaps both of you have put in the same monetary value to the asset pool, but it has reduced in size, who then should bear the loss?  This is something that we see often unconsidered until we step in and you should think about it and get advice on it if it is going to be relevant to you.  

But what if I can prove what I brought in?

If it is a short relationship, the Court may simply decide that each of you should have back exactly what you put in.  It is typically more difficult to track what each of you have brought into the relationship the longer the relationship’s duration. As above however, it is not a mathematical exercise, particularly because you cannot quantify much of the contributions which may be made (particularly over a longer period of time) with dollars and cents.

How about what I did bring in? Is it forgotten?

It is certainly the first step which the Court will take after determining the proportions of your asset pool to see what each of you brought into the relationship. The Court will not stop there however and will look at ongoing contributions by each of you as well as each of your future needs. Particularly in a short relationship your initial contributions will have greater significance. As a relationship’s duration lengthens, ongoing contributions can erode those initial contributions. Ongoing contributions may be financial, however they may be also be indirect contributions such as contributions to the welfare of the family as a homemaker and parent.

Assessing initial contributions is one step of the process. The significance of that contribution will have some bearing on what effect it will have on your division, in the context of your relationship as a whole.

As every relationship and situation is difference, here is not the place to try and provide answers.  If these are questions you have, we encourage you to take advantage of our 30 minute free appointment.  You can download your voucher below or visit our CONTACT US page and get in touch for a quick phone call with one of our Lawyers.  

 

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The contents of this publication are not legal advice to anybody who receives it and should not be treated as legal advice. You should not take any action following reading this publication without legal advice concerning its application or relevance to your own circumstances.

Filed under: Family Law, Separation

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Below we discuss some common thoughts and misconceptions which you may have about splitting up and trying to establish your entitlement in your relationship in monetary terms.  In monetary terms?  Hard line, we know.  Sometimes you need to take a step back and assess your contributions commercially. Breathe. Try to assess the contributions which both

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