Wallington & Spina (No 2) [2023] FedCFamC2F 1017

Wallington & Spina (No 2) [2023] FedCFamC2F 1017

Relationship Details

• Type: De facto
• Duration: Started cohabiting in late 2014, separated in May 2020, amounting to approximately 5.5 years.
• Ages at Judgment: Wife (Applicant) 58 years, Husband (Respondent) 69 years.

Children

• From this Relationship: None.
• From Previous Relationships:
  • Husband has two children, Ms B and Ms C.
  • Wife has three now-adult children.

Initial Financial Positions

• Wife:

  • Owned a property in Suburb O and a vehicle.
  • Had credit card liabilities of about $20,000 and superannuation of $46,000.
  • Worked as a health care worker with an income of about $50,000 per annum.

• Husband:

  • Owned properties at H Street, K Street, and F Street.
  • Owned a business, multiple vehicles, shares, and savings.

Contributions During the Relationship

• Financial Contributions:

  • Husband managed the business and finances related to properties.
  • Wife received a workers’ compensation payment and managed daily household expenses such as groceries and utilities.

• Non-financial Contributions:

  • Wife contributed significantly as a homemaker and in childcare for the husband's child, C.
  • Participated in discussions and activities for property acquisitions and renovations.

Post-Separation Contributions and Actions

• Financial and Non-financial Contributions:

  • Wife continued covering rates for the F Street property until November 2020, lived there rent-free post-separation.
  • Husband continued managing property-related financial issues and liabilities.

• Dissipation & Property Adjustments:

  • The husband sold investments and properties post-separation; proceeds were central to settlement considerations.

Current Financial Position & Property Pool

• Wife:

  • Income: Approximately $1,444 per week.
  • Net assets including notional assets and superannuation: $577,714.

• Husband:

  • Income: Estimated weekly income from business and rental approximately $2,238.
  • Holds significant assets, including inherited estate valued around $4 million.
  • Net assets after liabilities: $6,160,173.

Assessment of Contributions and Future Needs

• Contributions:

  • Husband’s contributions assessed at 85.5%, wife's 14.5%.
  • Relationship financial dynamics and significant initial contributions by the husband heavily considered.

• Future Needs Considerations:

  • Key factors include wife’s ongoing health issues and ability to work, balanced against equal opportunities provided to both parties in the division.

• Division: Wife awarded 14.5% of net assets pool, considering homemaker contributions and impact of husband’s conduct.

Unique Aspects

• Family Violence: The wife's contributions deemed more arduous due to incidents of family violence, allowing for recognition under Kennon principles, impacting the assessment.
• Inheritance: Husband's inheritance was a considerable factor, heavily influencing asset distribution.
• Disclosure and Compliance: Issues of disclosure pervaded proceedings, impacting the final stance and decisions becoming a focal point in asset division.

Overall, the structure aims at achieving an equitable arrangement, recognizing all contributory factors and addressing inequalities exacerbated by relationship dynamics.