When a couple gets divorced, one of the big decisions they have to make is who gets to keep the furniture. This can be a difficult decision, especially if the couple has accumulated a lot of furniture over the years.
In Australia, there is no hard and fast rule about who gets to keep the furniture in a divorce. It all depends on the circumstances of each individual case. However, there are some general principles that courts will take into account when making a decision on this issue.
The first principle is that the court will always endeavour to make a decision that is fair to both parties. This means that the court will not automatically award the furniture to one party or the other. Instead, the court will consider all of the relevant factors and make a decision based on what is fair in the particular circumstances.
The second principle is that the court will take into account the financial needs of both parties. This means that if one party is in need of financial assistance, the court may award them the furniture so that they can sell it and use the proceeds to help them pay their bills or support themselves.
The third principle is that the court will take into account the contributions made by each party to the marriage. This includes both financial and non-financial contributions. For example, if one party has been stay-at-home parent during the marriage, this would be considered a significant contribution and they may be awarded the furniture as a result.
Finally, the court will also take into account the needs of any children involved. In some cases, the court may award the furniture to one party so that the children can have a place to sleep or study.
These are just some of the general principles that courts will take into account when making a decision on who gets to keep the furniture in a divorce. Every case is different and the court will always endeavour to make a decision that is fair to both parties. If you are going through a divorce and you have questions about who will get the furniture, you should speak to a lawyer who can advise you on your particular situation.