01 Nov The Race that Stops the Nation – Is it the race that might stop the relationship?
Written by Bev Clark
Many of us will have a flutter on the race today but for some, that bet might be the one that proves to be the final straw in their relationship.
Gambling generally is a massive problem in this country and when gambling is an addiction it can have a dramatic effect on the well-being of the family unit.
As experienced Adelaide family lawyers, we see the misery that is caused within a family when one of its members has a gambling addiction. The gamblers habit does not just affect them but often impoverishes their spouse and their children and in some circumstances can even have a ripple effect spanning the extended family.
In the Family Court, a gambling addiction may be relevant to the parenting capacity of a party if it affects the welfare of the children. It may be relevant to the amount of child support that is paid. Gambling clearly can reflect on a parent’s behaviour and can affect a family’s household resources.
More often we see it raised in matters pertaining to property settlement where the non-gambling spouse will seek to have the funds wasted over the years of the addiction added back to the pool and taken into consideration in the division of property between them.
For the Court to look at adding back wastage they need to find that the spouse acted recklessly, negligently or wantonly. Whether or not losses through gambling will be added back to the pool depending on the individual circumstances of the case.
If you are concerned that gambling is a feature in your relationship, prior to the end of the relationship you may also wish to consider taking steps to protect your property or your interest in the property so as to minimise the wastage.
For more information contact Belperio Clark on 82121322 and speak to one of our experienced family lawyers.