Does My ex-Partner's Mental Health Diagnosis Impact our Property Settlement?

 

Does My ex-Partner's Mental Health Diagnosis Impact our Property Settlement?

 

Based on the Family Law Act 1975, particularly Section 75 which outlines the matters to be taken into account in spousal maintenance cases, a mental health diagnosis of your ex-partner could potentially impact your property settlement, but not directly or automatically. Here's a detailed explanation:

Relevant Factors in Property Settlement

The Family Law Act does not explicitly list mental health as a primary factor in property settlements. However, several considerations related to mental health could indirectly influence the outcome:

  1. Health and Capacity for Employment: Section 75(2)(a) and (b) mention "the age and state of health of each of the parties" and "the physical and mental capacity of each of them for appropriate gainful employment". If your ex-partner's mental health diagnosis significantly affects their ability to work or earn an income, this could be considered in the settlement.

  2. Future Needs: The court considers the future needs of both parties. If the mental health condition creates ongoing financial needs or impacts earning capacity, this may be factored into the settlement decision.

  3. Contributions to the Relationship: Section 75(2)(j) considers "the extent to which the party whose maintenance is under consideration has contributed to the income, earning capacity, property and financial resources of the other party"

If the mental health condition affected these contributions during the relationship, it might be relevant.

 

Indirect Considerations

While mental health is not a direct factor, it may influence other aspects the court considers:

  1. Parental Responsibilities: If there are children involved, the court will consider the care arrangements and any impact the mental health condition might have on parenting capacity.

  2. Financial Resources: The court looks at the income, property, and financial resources of each party. If the mental health diagnosis affects these areas, it could be relevant to the settlement.

  3. Reasonable Standard of Living: Section 75(2)(g) mentions "a standard of living that in all the circumstances is reasonable"

The mental health condition might be considered if it significantly impacts this standard.

 

Important Considerations

  1. No-Fault Approach: Australian family law follows a 'no fault' principle in divorce and property settlements. The mental health diagnosis, which may have had a negative impact on the relationshp, in and of itself, is not grounds for altering the financial settlement.

  2. Evidence Required: Any claims about the impact of mental health on the property settlement would need to be substantiated with evidence, potentially including medical reports or expert testimony.

  3. Holistic Approach: The court takes a holistic view of the situation, considering all relevant factors together rather than focusing on any single aspect.

 

In conclusion, while your ex-partner's mental health diagnosis is not a primary factor in property settlement under the Family Law Act, it could indirectly influence the outcome if it significantly affects their financial situation, earning capacity, or future needs. The court will consider this alongside all other relevant factors to reach a fair and equitable settlement.

 

Published by, Christine Weston
Founding Director and Creator of Divorce Resource
Australian Nationally Accredited Mediator and Divorce Coach

This article contains general information only. For advice regarding your own personal circumstances, always seek individual advice from a qualified professional. Read the full Divorce Resource.com.au Disclaimer here

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