Divorce and Stay-at-Home Parents: Your Legal Rights

As a stay-at-home mum/dad, your non-financial and home-maker contributions are given the same weight as the breadwinner of the family during property settlements.

During property settlements, the Court will look at the financial, non-financial, and home-maker contributions of both parties. 

The non-financial and home-maker contributions encompass the contributions made by both parties to the welfare and care of the family. 

This includes caring for the children, attending to domestic household responsibilities such as cooking, cleaning, laundry, drop-offs and pick-ups, and maintenance of the home and garden (to name a few).

The Court not only looks at contributions prior to the relationship and during the relationship, but they will also take into consideration your future needs. 

If one party earns substantially less income compared to the other, the Court can make a financial adjustment to the asset pool to counteract the imbalance. 

The Court can also look at age, health, financial resources, ability to make an earning and who is caring for the children. 

These factors will be relevant to determining the outcome of the property settlement and ensuring that it is just and equitable and that your home-maker contributions are considered and given weight.

These factors will be relevant to determining the property settlement and ensuring that the outcome is just and equitable for both parties, irrespective of the financial contributions one party has made during the relationship. 

In circumstances where you are unable to adequately support yourself financially following separation, you may make an application for spousal maintenance, seeking financial support from your former spouse. 

You can apply for urgent maintenance if you require a spousal maintenance order urgently.

Contact our property settlement lawyers at Tajik Lawyers on 1300 579 085 today.

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