Mansour & Kaleel (No 2) [2024] FedCFamC2F 107

Mansour & Kaleel (No 2) [2024] FedCFamC2F 107

Relationship Details

• Type: Marriage
• Duration: Met in 2019, commenced living together the same year, married in 2019, and separated in October 2021. Total relationship duration was a little over 2 years.
• Ages at Judgment: Husband aged 64 years, Wife aged 48 years.

Children

• Children from the Relationship: None
• Children from Previous Relationships: The wife has a 14-year-old child with complex medical issues.

Initial Financial Positions

• Husband:

  • Net assets around $808,500.
  • Sold property at Suburb Y for $870,000, receiving net proceeds of $150,000.
  • Superannuation balance at cohabitation around $250,000.
  • Intended purchase of another property failed, leading to a loss of $83,500.

• Wife:

  • Net assets around $2,618,287, including property and superannuation.
  • Previously purchased property at T Street, Suburb U, before cohabitation.
  • Superannuation value at about $60,000.

Contributions During the Relationship

• Financial Contributions:

  • Purchase of G Street, Suburb H property using the wife's $675,122 and husband's $120,000.
  • Husband solely paid mortgage and renovation costs for Suburb H property.
  • Wife contributed by facilitating the purchase and financial management of properties.

• Non-financial Contributions:

  • Husband carried out significant renovation work on Suburb H property.
  • Wife cared for her child from a previous relationship.

Post-Separation Contributions and Actions

• Husband:

  • Continued professional employment; experience of increased health challenges.

• Wife:

  • Provided significant care for her child.

Current Financial Position & Property Pool

• Husband:

  • Total average income approximately $169,156 per annum.
  • Net assets including debts reflective of prior obligations and current needs.

• Wife:

  • Casual employment income and additional financial support from parents.
  • Net assets including ownership in multiple properties.

• Property Pool:

  • Combined net non-superannuation assets totaled $2,354,978.
  • Combined superannuation assets totaled $114,441.
  • Total asset net pool: $2,469,419, with unclear future financial contributions due to health and employment.

Assessment of Contributions and Future Needs

• Contributions:

  • Husband's contributions assessed at 10% of the property pool.
  • Wife's contributions assessed at 90% of the property pool.

• Future Needs Considerations:

  • Husband's imminent retirement and potential health needs versus wife’s ongoing care commitments for her child.
  • No adjustment percentage favoring either party; considerations balanced the parties' current and future needs.

• Final Division:

  • Wife to pay the Husband $294,620 to equate the redistribution to their respective contributions and future needs.

Unique Aspects or Unusual Aspects

• Significant emotional and financial pressure involving entry and subsequent review of binding financial agreements, leading to ruling them void due to undue influence and unconscionable conduct.
• High degree of emotional pressure related to prenuptial agreements, impacting decisions while under duress.
• Resolution achieved acknowledging contributions and future necessities without penalizing either party with direct asset liquidation, except as necessary due to failing settlements.