Carpenter and Carpenter

In *Carpenter and Carpenter*, the Family Court of Australia considered an application by the wife for property settlement orders. The dispute concerned the division of assets, including the husband's superannuation interests, following the breakdown of the marriage.

The primary legal issue before the court was how to fairly and equitably divide the parties' financial resources, particularly the husband's superannuation, in accordance with the principles of the *Family Law Act 1975* (Cth). This involved determining the appropriate method for valuing and distributing the superannuation interests, as well as considering other assets held by the parties.

Judge Henderson applied the principles of property adjustment under the *Family Law Act*, considering the contributions of each party to the marriage, their financial resources, and their future needs. The court determined that a significant portion of the husband's superannuation should be transferred to the wife, reflecting her contributions and needs. Additionally, a lump sum payment was ordered to be made by the husband to the wife.

The court ordered that pursuant to s 90MT of the *Family Law Act*, whenever a splittable payment becomes due and payable to the husband from his superannuation fund, the sum of $82,263 is to be paid to the wife. Furthermore, the husband was ordered to pay the wife a lump sum of $121,640 within three months. Otherwise, each party was to retain all assets currently in their possession or control.