HARRY and Wendy each have children from previous relationships. Two years after meeting each other, they commence cohabitation and are married shortly thereafter.
After a 25-year marriage, involving various joint financial ventures, most of which failed, their relationship reaches an unfortunate and critical state and police attend their residence.
The police take out apprehended violence orders (AVO) against Wendy on Harry’s behalf. Wendy is charged with ‘recklessly engaging in conduct that may have placed a person in danger of serious injury’. The charges are subsequently dropped.
Wendy makes a cross-application for an AVO against Harry, and he moves out of the matrimonial home.
Harry files an application under the Family Law Act, seeking property settlement orders, but sadly passes away from illness before the proceedings are resolved.
Nonetheless, the Court proceeds to determine the matter and conducts the usual process, initially finding that it is ‘just and equitable to make an order’.
The Court identifies the asset pool and the parties’ respective contributions.
Wendy says that her contributions were more onerous due to Harry’s alleged ‘family violence, coercion and control’.
The respective parties’ children give evidence.
However, the Court is loathe to place any great weight on Wendy’s allegations, given that they were mostly uncorroborated and Harry is unable to be cross-examined.
Contributions are assessed at 50/50.
Finally, the Court examines Wendy’s current and future circumstances and considers whether a further adjustment is necessary.
The Court notes that Wendy is reliant on the aged pension and at the age of 70 years, she is expected to live for another 20 to 25 years.
In contrast, Harry, of course, is identified as having no ‘needs’ on the basis that he has passed away.
Ultimately, the Court concludes that Wendy should receive a 15 per cent adjustment for her current and future circumstances and on this basis is ordered to receive 65 per cent of the asset pool.
Given that most of the assets were already in Wendy’s name, she is ordered to pay Harry’s estate just over $180,000.
If you have a request for a Hypothetical, call Manny Wood on (02) 66 487 487 or email manny@tblaw.net.au.
This fictional column is not legal advice.
You can help your local paper.
Make a small once-off, or (if you can) a regular donation.
We are an independent family owned business and our newspapers are free to collect and our news stories are free online.
Help support us into the future.
