Bacall & Zagar

In *Bacall & Zagar*, the Family Court of Australia considered an application by the wife for the alteration of property interests following the breakdown of the parties' marriage. The central dispute revolved around the duration of the relationship and the appropriate division of the parties' assets, with no parenting issues arising for determination.

The court was required to determine the true duration of the cohabitation period, as the husband contended the relationship lasted only a few years while the wife asserted it endured for over 15 years. Furthermore, the court had to address the significant disparity in financial disclosure, with the husband's disclosure being described as "very poor" and making it difficult to ascertain the full extent of the parties' assets, contrasted with the wife's straitened financial circumstances. The court also had to consider the respective contributions of each party to the marriage, particularly in light of the husband's substantial financial contributions and the wife's significant contributions as a homemaker.

Justice Wilson found in favour of the wife regarding the duration of the relationship, accepting her evidence that they had cohabited for over 15 years. The court noted the husband's defective disclosure and the difficulties this created in assessing the asset pool. Applying established principles regarding property division in de facto and married relationships, the court considered the financial and non-financial contributions of each party. Despite the husband's assertion that the wife's entitlement should be limited to 5%, and her initial claim for 50% of the property, the court ultimately ordered a division of 40% to the wife and 60% to the husband, reflecting her significant homemaker contributions and the overall circumstances of the case.