Delmont & Simms [2024] FedCFamC2F 113

Delmont & Simms [2024] FedCFamC2F 113

Relationship Details

• Type: De facto
• Duration: Approximately 26 years. Relationship commenced in 1995 and ended in August 2020.
• Ages at Judgment: Ages not specified in the judgment, but the proceedings took place in 2024 after the parties had been in a relationship since the mid-90s.

Children

• Children from Relationship: Three adult children.
• Special Circumstances: One child under 18 years, aged 16 at the time of separation, lived with the de facto wife post-separation.

Initial Financial Positions

• De Facto Husband: No evidence of significant financial contribution at the start of the relationship as both started in paid employment.
• De Facto Wife: No specific financial details at the start but secured a disability support pension in 1995 due to longstanding medical issues.

Contributions During the Relationship

• Financial Contributions:

  • De facto wife secured a disability support pension in 1995.
  • De facto husband secured a disability support pension in 2013.
  • De facto wife claims she managed the payment of utilities and mortgages during the marriage.

• Non-financial Contributions:

  • De facto wife was primarily responsible for childcare and homemaking due to her husband's mental health challenges.
  • The husband contributed through "outdoor" maintenance of their properties, whereas the wife contributed through "indoor" tasks.
  • The wife's contributions were described as more arduous due to the husband's perpetration of family violence.

Post-Separation Contributions and Actions

• Financial Contributions:

  • The wife continued to occupy and contribute financially to the Town C property.

• Non-financial Contributions:

  • The wife maintained primary care of the youngest child who resided with her post-separation.

• Dissipation of Assets:

  • Husband made no contributions post-separation; lived with his mother.

Current Financial Position & Property Pool

• Current Income: Both parties are beneficiaries of disability pensions.
• Property Pool:
  • Total net pool: $392,644
  • De facto wife seeks to retain her residence at Town C.
  • Superannuation interests total $8,000.
  • Husband's assets valued at $32,000.

Assessment of Contributions and Future Needs

• Contributions Assessment:

  • Husband's contributions: 40%
  • Wife's contributions: 60%.
  • The wife's contributions were impacted by the husband's perpetration of family violence.

• Future Needs Adjustments:

  • Both parties are on disability pensions with no realistic return to work.
  • Legal Aid charges and their impact on the property distribution were considered.
  • Overall division: 60% in favor of the de facto wife, 40% to the de facto husband.

Unique Aspects

• Significant context of family violence impacting contributions.
• The wife endured arduous circumstances during the relationship due to violence perpetrated by the husband, which was corroborated by the parties’ adult child and NSW Police records.
• The wife's aim to retain the Town C property while ensuring a financial settlement to buy out the husband's share.
• Legal Aid debts by both parties impacting the financial outcome.

Conclusion

The court found a 60:40 property division in favor of the de facto wife to be just and equitable, reflecting her primary caregiving role, financial contributions after separation, and the effect of family violence on her contributions.