FMC case: the recent migrant

FMC case: the recent migrant

In the recent Federal Magistrates Court case of Maguire and Richter, Federal Magistrate Brown considered a property settlement when the parties’ circumstances were poor, their relationship was brief, and the wife sought an adjustment in part because she migrated to Australia from Germany, leaving her worse off.

Brown FM did not allow any adjustment for the migration issue. His Honour held:

It is the wife’s position that she has suffered a more significant diminution in her standard of living than the husband in the period since separation. I accept that this is so. The husband has had the benefit of living in the former matrimonial home, but he owned this property prior to the parties’ marriage.
It is also the case that the wife has been at a significant disadvantage following separation, because she has been compelled to live in an environment where she feels herself to be “amid the alien corn”. However, the wife freely chose to come to Australia and pursue a new life here. It is also open to her to return to Germany, where she has secure employment awaiting her.
At present, the wife can see many attractions of remaining living in [L]. She has made friends in [L]. She apparently enjoys the lifestyle and climate of Australia….

The wife complains about the social consequences of the failed marriage from her point of view. She has been transplanted from her native soil and given up opportunities there. However, this was a decision she freely made and, although it is not likely to be more financially advantageous to her to remain in Australia, she has chosen not to return to Germany. By necessary implication, she can see some advantages to her of living in this country.
I am satisfied both parties entered the marriage with a genuine intention to make it succeed. As a result, both made compromises to this end. Now both suffer consequences as a result of the marriage’s failure. I do not think that these various factors, when balanced against each other, justify any further distribution of property in either parties favour.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

How the family court decides parenting cases: the best interests test explained

When parents cannot agree about arrangements for their children, the central question for the Federal Circuit and Family Court of Australia is not what either parent wants. It is what arrangements are in the best interests of the child. This is the paramount consideration under the Family Law Act 1975. It applies whenever a judge… Read More »How the family court decides parenting cases: the best interests test explained

Surrogacy in Iran: a complex and risky journey

Surrogacy in Iran is not a mainstream pathway for Australians, and at present it carries obvious travel, legal and practical risks. Yet for a small group of Iranian-Australian families, it has been a pathway to parenthood that feels culturally familiar, has access to sophisticated IVF treatment, and can result in an Australian child returning home… Read More »Surrogacy in Iran: a complex and risky journey

Surrogacy in Nigeria: the legal risks for Australians

Surrogacy in Nigeria is becoming a consideration for some Australian intended parents, particularly Australians with Nigerian heritage who are looking to build their family in their country of origin. Nigeria is a large, diverse and increasingly visible destination for international surrogacy. However, it is also a destination that requires exceptional care. The central issue is… Read More »Surrogacy in Nigeria: the legal risks for Australians

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board