Essa & Azghar [2024] FedCFamC2F 255

Case Review: Essa & Azghar [2024] FedCFamC2F 255

Relationship Details

• Type: Marriage
• Duration: Married in 2008, separated on a final basis in February 2020. Not yet divorced. Total duration is 12 years.
• Ages at Judgment: Husband 56, Wife 46

Children

• Children from Relationship: Two children, currently aged 14 and 9.
• Children from Previous Relationships: Husband has one adult son living in Country D. Wife has a daughter, aged 20, who lived with the parties during the marriage.
• Special Needs: The 9-year-old child (X) has special needs, including Autism Spectrum Disorder and ADHD.

Initial Financial Positions

• Husband:

  • $200,000 in savings across various international accounts.
  • $60,000 Country D pension policy.
  • Superannuation balance of $12,519.
  • Motor Vehicle valued at $34,000.

• Wife:

  • $45,000 in savings.
  • Motor Vehicle valued at $8,000.
  • Superannuation balance of $23,000.
  • Furniture and personal effects.

Contributions During the Relationship

• Financial Contributions:

  • Husband made significant financial contributions, including a $105,000 deposit on a property.
  • Wife contributed extensively to homemaking and parenting, staying out of the workforce for seven years due to childcare responsibilities.
  • Both contributed to each other's child from previous relationships in various forms.

• Non-Financial Contributions:

  • Wife as primary caregiver and homemaker.
  • Husband as primary income earner.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Husband continued to fund some family expenses post-separation.
  • Wife largely responsible for mortgage payments post-October 2022.

• Non-Financial Contributions:

  • Wife remains the primary caregiver.

Current Financial Position & Property Pool

• Current Assets and Debts:
  • Total property pool: $1,630,793 (Non-superannuation: $1,169,292, Superannuation: $461,501).
  • Husband currently holds $897,828.
  • Wife currently holds $732,965.

Assessment of Contributions and Future Needs

• Contributions:

  • Non-superannuation: 57.5% to Husband, 42.5% to Wife.
  • Superannuation: Assessed equally.

• Future Needs Adjustments:

  • 10% adjustment in Wife's favor due to primary caregiving and significant income disparity.

• Final Division:

  • Non-superannuation: 47.5% to Husband, 52.5% to Wife.
  • Both parties receive equal superannuation.

Unique Aspects or Factors Affecting Decisions

• Significant emphasis placed on stability for the special needs child, X.
• Acknowledgment of the difficulties faced by the Wife in rehousing due to property retention requirements.
• Husband’s extensive international financial dealings raised disclosure challenges.
• Arrangements made for possible refinancing by the Wife to retain the matrimonial home to support the children's needs.

Conclusion

This case involved a thorough analysis of financial and non-financial contributions, current needs, and the impact on the children's welfare, especially given the special needs of one child. The court's approach was to create the possibility for one parent to retain the home for the children's stability while ensuring a fair division of property and future financial security for both parties.