The Christmas holidays are well and truly beyond us and we are faced with returning to work or whatever other day to day routine we might have.  It is a sad but unfortunately common occurrence that after spouses and partners spend time together over the festive season many relationships come to an end.  Who knows why but it is a sobering reality for family law practitioners.

A separation is difficult for both parties and if there are children involved it is particularly challenging for them.

The law on the division of relationship property is clear and there are numerous cases that guide a lawyer in advising their client of their rights and entitlements.  The starting point is equal division of relationship property but there are certain circumstances where an adjustment might be made to either party resulting in one party receiving more than the other.  However, it is uncommon for one party to be successful in claiming more than half of the relationship assets.

It may be tempting when a relationship ends for one or both parties to express their hurt, bitterness or financial concerns for the future by way of demanding to get more than they are entitled to, for whatever reason.  Ironically, that can sometimes backfire.  Firstly, such an approach requires a lawyer to spend considerable time negotiating an acceptable outcome on behalf of their client, which results in large fees.  If the claim is unsuccessful and the assets are ultimately equally shared, funds have been expended for no added return.  Secondly, there are many examples of a party holding out for more than their share, even turning down a generous offer to settle, only to have a Court decide they should only receive half the assets. And, to add insult to injury, an Order for costs is awarded against the party wanting an unequal division because they had already been offered more but in turning down that offer they caused the other party to incur even more legal costs.

In addition, if there are children involved, the longer it takes to resolve relationship property matters and the more tension between the parties, the more the children are affected.  Children need to know that despite the fact their parents will no longer be living together, their own lives will continue with as little disruption as possible.

No one wins when every minor detail is disputed and there is little pragmatism used in resolving the division of relationship property.  It is obviously a difficult time for both parties in that their asset base and future income will be halved but a good start is to resolve the division of relationship property as efficiently and practically as possible so that the parties can move on and legal fees are kept to a reasonable level.