WIFE SEEKS URGENT SPOUSAL MAINTENANCE DUE TO THE CESSATION OF THE BUSINESS SHE OPERATED

BAKEMA & BERGER

FEDERAL CIRCUIT COURT OF AUSTRALIA

[2020] FCCA 1467

This is an application for urgent spousal maintenance. 

FACTS:

Ms. Bakema (the wife) filed for urgent #SpousalMaintenance due to the cessation of a business she operated, which both Mr. Berger (the husband) and her are the directors.  The business was closed recently and the wife, who does not really have any other formal qualifications, is effectively out of work.

ISSUE:

Whether or not the Court should order the husband to pay the wife spousal maintenance.

HELD:

The Court finds that there is a degree of need and urgency demonstrated.  The Court is satisfied that there is sufficient cash available to the parties if distributed to both parties on an equitable or equal basis.  This would resolve any need the wife has for urgent maintenance.  

The parties have a joint asset which is the husband added to after separation.  This is in an account of the husband’s at the moment but there is no question that it is very significantly a joint asset, although perhaps not entirely joint, as the husband’s affidavit says he has added to it after separation. Nonetheless, it is, under the Family Law Act, a matrimonial property that is open or available for distribution according to orders of the Court.  The Court made orders that the husband pay the wife their Commonwealth Bank account.