BELMONT & KILPATRICK

In the matter of Belmont & Kilpatrick, Judge Young considered disputes between the parties concerning the division of their property and parenting arrangements for their two children, aged 13 and 11. The property dispute involved a small pool of assets, including proceeds from the sale of the matrimonial home and other chattels, as well as a superannuation split. The parenting dispute was contested, with the children having expressed firm views regarding their living arrangements and time with each parent.

The court was required to determine how the net proceeds from the sale of the matrimonial home and other chattels should be divided between the parties. Additionally, the court needed to make orders regarding the division of Mr Kilpatrick's superannuation interest, specifically determining the percentage to be allocated to Ms Belmont in accordance with section 90MT(1)(b) of the Family Law Act 1975. In relation to parenting, the court had to decide on the appropriate orders for parental responsibility, the children's living arrangements, and the time they would spend with each parent, taking into account the children's expressed views.

The court ordered that the net proceeds from the sale of the matrimonial home be divided equally between the parties, and that any other chattels remain with the party in whose possession they were at the time of the orders. Regarding superannuation, Ms Belmont was awarded 45% of any splittable payment from Mr Kilpatrick's superannuation interest, with a corresponding reduction in his entitlement. The court also made orders for equal shared parental responsibility, with the children to live with the mother and spend alternate weekends with the father. Further orders stipulated that the children spend half of school holidays with each parent and specific times on special days.