Fair Split: Landmark Ruling in De Facto Relationship Case Considers Family Violence and Contributions
Ward & Casolani [2022] FedCFamC1F 792
The case involves the division of assets and financial resources after the end of a de facto relationship. The main issues are assessing the contributions of each party, considering the impact of family violence, and determining if adjustments should be made. The Family Law Act 1975 is applied, specifically sections 79(2) and 90SF(3). Both parties made significant contributions, but the mother's contributions were deemed more arduous due to family violence. A split of assets favoring the mother at 55:45 is determined, and an additional adjustment of five percent is made under section 90SF(3) considering factors such as the mother's role as primary carer and income disparity. An independent trustee is appointed for the sale of the home. The final division results in 60% of assets allocated to the mother and 40% to the father.
Issue:
The primary issues in this case are related to the division of assets and financial resources between the parties after their de facto relationship ended. The main questions are how the contributions of both parties should be assessed, how family violence impacts these contributions, and if an adjustment under section 90SF(3) should be made.
Rule:
Family Law Act 1975 (Cth): Section 79(2) considers contributions by each party, while Section 90SF(3) allows property interest adjustments based on factors.
Relevant Case Law:
- Whisprun Pty Ltd v Dixon (2003) 200 ALR 447
- Dickons v Dickons (2012) 50 FamLR 244
- Horrigan & Horrigan [2020] FamCAFC 25
- Singerson & Joans [2014] FamCAFC 238
- Jabour & Jabour (2019) FLC 93-898
- Kennon & Kennon (1997) FLC 92-757
- Keating & Keating (2019) FLC 93-894
- Britt & Britt (2017) FLC 93-764
- Benson & Drury (2020) FLC 93-998
Note: The above cases provide relevant precedents for considering contributions and property interest adjustments in family law matters.
Application:
Applying these laws to the facts of the case, it's clear that both parties made significant contributions during their relationship. While the father made financial contributions and the mother primarily cared for their children, the court found that her contributions were more arduous due to instances of family violence perpetrated by the father. This was determined through direct evidence and reasonable inference.
Under s79(2), these contribution-based findings led to a split of assets favoring the mother at a ratio of 55:45. Further adjustment under s90SF(3) was warranted due to the mother's ongoing role as primary carer for their children and considering other factors such as income disparity and health status. This resulted in an additional five percent adjustment in favor of the mother, leading to a final asset division of 60:40.
The court also appointed an independent trustee for sale of their home due to concerns about cooperation given past conduct.
Conclusion:
In conclusion, based on a holistic assessment of both parties' contributions during their de facto relationship along with further adjustments under s90SF(3), it was determined that a just and equitable division would allocate 60% of assets to the mother and 40% to the father. The appointment of an independent trustee for selling their home ensures a fair process free from potential disputes arising from past conduct.
