Under the Australian no-fault based divorce system, a divorce lawyer may tell you that a former spouse or partner that expends joint monies on gambling or extravagant personal spending is not sufficient reason for a property adjustment in the other partner’s favour. However, on a case-by-case approach, a divorce lawyer can ask that the Courts may consider adjusting your property settlements when there is substantial wastage by one party.
In Padfield v Padgett [2015], Baker J found two kinds of conduct were relevant when considering adjustment to property under the Family Law Act 1975: [...]
