Small percentage for Short Marriage

Small percentage for Short Marriage

Small percentage for short marriage

One of the most vexing problems in deciding property settlement cases is to decide what happens in short marriages, especially when one party comes in with most if not all of the property.

A recent illustration was in CCD and AGMD. The parties had been married for 5 years, and at commencement the vast bulk of the contributions were those of the husband. At trial, Carmody J. ordered that the wife receive $328,524, because in part, given that she was aged in her 50’s there should be some compensation, reliance and need , there was an expectation that she would not work again. The asset pool at commencement was about $2.5M and at trial was about $3.5M. The wife’s property had increased in value during the marriage by $100,000.

The Full Court of the Family Court did not agree. It held that these concepts were not relevant under the Family Law Act, and that having regard to the overwhelming financial contributions of the husband, the lifestyle that he had afforded the wife when they were together, and the growth in her own property, then the amount payable to the wife should only be $99,073.

Link to judgment

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

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Onco-fertility and surrogacy can change the course of a family’s future at the very moment life feels most uncertain. A cancer diagnosis is frightening enough on its own. When that diagnosis comes with treatment that may affect fertility, the shock can be even greater. But there is an important message here: in some cases, options… Read More »How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

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