BRIGHAM & SCHIRMER

In this matter before Judge Harper, the court was asked to determine discrete parenting and property issues arising from the breakdown of a marriage. The parenting dispute concerned the mother's opposition to equal time arrangements for the parties' two teenage children, aged 14 and 16, with the mother emphasising the children's wishes. The property dispute involved the division of assets, including the former matrimonial home which the parties agreed to sell, and a valuation issue concerning the father's interest in a partnership. The wife also sought to argue that an interim lump sum payment she had received should not be treated as an addback in the property settlement.

The court was required to determine whether an equal time arrangement for the children was in their best interests, notwithstanding the mother's opposition and her reliance on the children's stated wishes, given there was no identified risk of harm. In relation to property, the court needed to make just and equitable orders for the distribution of the parties' assets, considering the father's initial contribution to the acquisition of the former matrimonial home, the valuation of the father's partnership interest, and the treatment of the wife's interim lump sum payment.

On the parenting issue, the court ordered equal shared parental responsibility and an equal time arrangement for the children, finding it appropriate despite the mother's opposition and her emphasis on the children's wishes, as there was no risk of harm identified. The court also made detailed orders regarding the day-to-day care of the children, school holiday arrangements, special occasions, communication between parents and children, and the handling of passports and international travel. For the property division, the court ordered the sale of the former matrimonial home and detailed the disbursement of the proceeds. The net proceeds were to be divided such that the mother received 46% of the total net assets (including the net proceeds of sale), and the father received the remainder. The mother was granted exclusive use and occupation of the former matrimonial home pending its sale and was to receive spousal maintenance of $500 per week. The parties were to retain their respective chattels, vehicles, bank accounts, shares, superannuation, and employment benefits, except as otherwise provided.