Gambling wastage is the amount of money lost by an individual due to excessive gambling. Not all losses attributed to gambling will be found to be gambling wastage and often the losses caused by gambling will need to be disproportionate to the value of the asset pool or the contributions of the party who has been gambling. The court considers gambling to be a legitimate form of entertainment until it becomes reckless, negligent or wanton. In a marriage or de facto relationship, the financial gains and losses are often shared, however, wastage can occur when a party participates in actions or behaviours that are not justifiable for the loss or decrease of the asset pool and may consist of actions such as drinking, drugs, prostitution, adultery, infidelity or gambling.Ĭlick Here: Get a FREE Consultation Today! Understanding gambling wastage This may sometimes be referred to as negative contributions. Wastage is when a party reduces the matrimonial assets pool of a relationship either intentionally or by acting recklessly, negligently or wantonly. What is wastage?īefore we dive into gambling wastage, it’s important to understand wastage as a concept in Australian family law. Whether you’re currently undergoing divorce proceedings or considering separation and are concerned about your property settlement, keep reading to learn more. In this article, we will discuss how gambling wastage can impact family law proceedings in Australia, with a focus on property division. Gambling wastage refers to the amount of money lost by an individual due to excessive gambling and can significantly impact financial resources available for property division, as well as how these resources will be divided. For some former couples, it can be a simple process, however, for many, it can be challenging as there are many considerations that need to be made and factors that can influence the outcome.Ī potential influencing factor in a property division is the issue of gambling wastage. The division of property can be sorted out between the parties privately, with the help of mediators and/or lawyers, or through the Court system. Whether it’s a de facto relationship or a marriage that has ended, a number of processes need to take place, such as the division of your property and assets. The end of a relationship can be a complicated and emotional time for all parties involved.

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