Hainsworth & Pardue [2024] FedCFamC2F 121

Hainsworth & Pardue [2024] FedCFamC2F 121

Background Details

• Applicant: Mr Hainsworth
• Respondent: Ms Pardue
• De facto relationship
• Duration: Approximately 13 years. Commenced in late 2006 and ended in July 2020.
• Ages: Husband 52 years, Wife 39 years

Children

• Children from Relationship: One child, X, born in 2007 (aged 16).
• No children from previous relationships.

Initial Financial Positions

• Husband:

  • Owned a car worth about $6,000.
  • 50% interest in a property at Town O (previously owned with his former wife), from which he received $91,679 net proceeds in 2009.
  • Superannuation balance approximately $100,000 at cohabitation commencement.

• Wife:

  • Had a car.
  • Limited superannuation balance, approximately $5,000 at cohabitation commencement.

Contributions During the Relationship

• Financial Contributions:

  • Husband was the primary income earner, working full-time.
  • Husband's income was used for family expenses, including mortgage repayments, utility bills, and motor vehicle expenses.

• Non-financial Contributions:

  • Wife primarily cared for the child until school commencement and again following the husband’s accident in 2012.
  • Both shared childcare responsibilities thereafter, with the wife taking a larger role following the husband’s accident.

• Other Contributions:

  • Husband’s contributions included performing most household duties except during recovery from his 2012 accident when the wife likely took over majority duties.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Husband continued to pay for Town C property mortgage, utilities, and vehicle expenses post-separation.

• Non-financial Contributions:

  • Wife has been the primary caregiver for child X post-separation.

• Assets:

  • Child X has remained living with the wife, and the wife has been responsible for household expenses for herself and X.

Current Financial Position & Property Pool

• Husband:

  • Income: $2,505 per week as a public servant.
  • Superannuation balance: $442,318.

• Wife:

  • Income: $354 per week from Jobseeker benefits.
  • Superannuation balance: $5,876.

• Joint Asset & Liabilities:

  • Non-superannuation asset pool: $169,901.
  • Liabilities: $384,267.
  • Superannuation pool: $448,194.
  • Total asset figure: $618,095.

Assessment of Contributions and Future Needs

• Contributions:

  • Assessed at 62.5% to the husband and 37.5% to the wife for non-superannuation assets, considering the husband's financial contributions as the income earner.
  • Contribution adjustment disparity: $154,524 in favour of the husband.

• Future Needs Adjustments:

  • Wife awarded a 10% adjustment due to her lower income, responsibility for childcare, and the need for possible retraining, resulting in a final asset division of 52.5% to the husband and 47.5% to the wife.
  • Disparity remains $30,904 in the husband’s favour.

• Final Division:

  • The husband is entitled to 52.5% ($324,499) and the wife to 47.5% ($293,595) of the net property pool.

Unique Aspects

• The husband's accident in 2012 significantly influenced the contribution and post-separation assessments.
• The wife's extended career absence and injuries were considered, although lacked significant medical evidence.
• The court recognised the wife's need to rehouse herself and the child upon sale of the property as a future need consideration.
• A modest spousal maintenance of $32 per week for 18 months was awarded to address immediate financial needs despite limited capacity from the husband to pay significant maintenance due to his expenses and existing liabilities.