Donata & Hannes (No 2) [2024] FedCFamC2F 277

Donata & Hannes (No 2) [2024] FedCFamC2F 277

Relationship Details

• Type: De facto relationship
• Duration: Approximately 14 years, from mid-2008 to early 2022.
• Ages at Judgment: Applicant (Ms Donata) 60 years old, Respondent (Mr Hannes) 57 years old.

Children

• Children from Relationship: No children from the relationship were mentioned.
• Children from Previous Relationships: Not applicable.

Initial Financial Positions

• Applicant:

  • Receiving a disability pension from around 1997.
  • Few assets at the relationship's commencement, retaining a furnished home.

• Respondent:

  • Few assets upon release from prison in 2008.

Contributions During the Relationship

• Financial Contributions:

  • Applicant withdrew her entire disability pension and contributed it to joint expenses.
  • Respondent acquired property in Suburb C in his name with a Commonwealth Bank loan.
  • Property purchase price at $257,000, financed mainly through bank loans, with no significant evidence of the applicant's financial backing to the purchase.

• Non-financial Contributions:

  • Applicant performed all household duties, providing homemaking support.
  • Supported the respondent through employment stability and sobriety.

Post-Separation Contributions and Actions

• Financial Contributions:

  • The respondent received termination payments and sale proceeds from properties.
  • Payments for additional site costs for accommodation at Town E made by the applicant post-separation.

• Non-financial Contributions:

  • Applicant maintained exclusive possession of the accommodation.

• Dissipation of Assets:

  • The respondent failed to adequately account for funds received post-separation totaling approximately $186,000, leading to a determination of reckless dissipation of $32,100.

Current Financial Position & Property Pool

• Applicant:

  • No employment, relying on disability support.

• Respondent:

  • Seeking future employment; jobseeker payments received post-separation.

• Property Pool:

  • Sale proceeds from Suburb C property: $326,650 held in trust, with other significant amounts dissipated.
  • Superannuation: $118,000, attributable to the respondent's employment during the relationship.

Assessment of Contributions and Future Needs

• Contributions:

  • Assessed as 45% to the applicant and 55% to the respondent, accounting for the applicant's arduous contributions amid family violence.

• Future Needs Adjustments:

  • Additional 5% awarded to the applicant acknowledging health conditions, lack of future employment potential, and the respondent's prospective return to work.

• Final Division: Equal division at 50% for both parties, corresponding to $265,125.50 each, inclusive of a superannuation split.

Unique Aspects

• Family violence markedly affected the applicant's contributions as a homemaker.
• The respondent's incarceration history and financial dissipation post-separation heavily influenced proceedings.
• Court's reliance primarily on the applicant's testimony due to inconsistencies and non-credibility from the respondent.

Conclusion

The case highlights the complex interplay of contributions, future needs, and the impact of family dynamics, serving as a testament to the nuances involved in adjudicating de facto relationship property settlements under Australian Family Law.