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Gambling and Family Law – What You Need to Know

When you learn—or maybe confirm your suspicion—that your ex-spouse has been losing hundreds or thousands of dollars to gambling weekly, the challenging and drawn-out process of dividing up the family’s assets is only made worse. As a result, you both have credit card debt, and your asset pool might not be as substantial as it otherwise would be. This blog mentions a few details about Gambling and Family Law – What you Need to Know. Yet for any further assistance, please feel free to dial (02) 8084 2764.

You have the right to feel comfortable in your physical, emotional, and financial well-being. Protecting yourself from any harm that could result from a friend’s or family member’s gambling addiction is critical. To explore your alternatives, seek legal, financial, and other help. An intelligent start is getting in touch with a gaming counsellor.

Gambling And Family Law

You Are Not to Blame for It

It might be challenging to deal with a friend’s or family member’s gambling habits. Instead of trying to improve their circumstances, focus your energy on improving your own. It’s crucial to remember that you cannot pressure a friend or member of your family to admit that gambling is a problem. They can’t be made to give up gambling. But, in the end, the gambler is the only one who can stop gambling, regardless of what you say or do. So the issue is with gambling, not the individual. So their actions are not your fault.

Relationships Can be Strained by Problem Gambling

Tell the gambler what their gambling is doing to you and how it makes you feel bad. Express your emotions thoughtfully and honestly. Avoid attempting to manage the gambler’s life. It won’t work, and you will be miserable as a result. Inform the gambler that you wish to assist. They might experience a loss of control, embarrassment, or shame. You can imply that you’ll be there for them. Treat them equally in all respects. 

Don’t try to shield them. Please don’t take on their weight; assist them in their struggle. But, saying, “I won’t do something for you, but I’ll be here with you while you do it”, is an option. Let them accept accountability for their actions. 

Stress Can be Reduced by Socialising with Others

It is common for friends or family members to feel lonely and alone. It could be beneficial to ask for assistance from others. Consult with dependable persons who won’t pass judgement on you or the gambler. 

Think about being open and honest with other impacted family members so you can provide one another assistance.

If you don’t want to, you are under no obligation to discuss your worries. 

You can avoid becoming engaged in someone else’s gambling by taking some time for yourself. Instead, keep up your relationships with friends, carry on with your interests and hobbies, and engage in fun activities.

How Does the Family Court Handle a Situation this Complicated?

The Court will permit reasonable entertainment costs in cases involving allegations of gambling. Still, if it can be demonstrated that these were high relative to overall income and significantly reduced assets (for instance, by necessitating the refinancing of real estate or the loss of savings), they are more likely to be viewed as a negative contribution.

The Procedure for Dividing Property

It is crucial to briefly describe the general procedure followed in property divisions, whether gambling has happened or not, to explain how the Court responds to gambling adequately.

  1. Calculating the asset pool’s value

This entails figuring out each party’s assets and liabilities and assigning them values.

  1. Evaluating each party’s contribution to the current asset pool

Financial contributions (such as salaries or inheritances received) and non-financial contributions (such as property or debts that the partners owned at the beginning of the relationship) are all included in this (such as caring for children). In addition, the Court will determine the percentage of each party’s respective contribution.

  1. Considering the requirements of each party in the future

For instance, the Court may change the proportion decided in step 2 on a prospective basis to consider the requirements of the party with primary custody of the children. In addition, factors like age, wealth, and health can be taken into account.

  1. Ensuring that the division is “fair and equitable” in the end

All bank accounts, superfunds, and other assets and obligations must be completely transparent. This holds regardless of whether the other spouse is aware of any gambling debt one party may have accrued. 

Yes, their debt also belongs to you. Sadly, this method may be the only time a problem’s existence or extent becomes apparent.

However, a review of the financial and non-financial contributions made by the respective parties is a step in this process that aids in deciding how the assets will be divided. This may also be true for “negative contributions,” where the courts may alter the amount based on the impact.

If you learn that your relationship has this kind of debt, you should get legal counsel right once to learn how to protect yourself. A binding financial agreement in your connection can be one approach to accomplish this.

Choosing What To Do With Your Relationship

A family member’s stress and financial problems might occasionally lead to conflict when they suffer gambling-related harm.

It could be necessary to maintain emotional and physical separation from the gambler. Your relationship with them may end or drastically alter in the short or long term. For example, you might require expert assistance if taking action jeopardises your safety or the safety of others. If you and the gambler cannot communicate, relationship counselling and mediation may be safer ways to discuss problems and find solutions.

You may always call a counsellor at Platinum Lawyers at (02) 8084 2764. If you are having relationship issues as a result of your gaming. It is a free, private support service you can use, whichever fits you.

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