COBB & COBB

In the matter of *Cobb & Cobb*, Bender J of the Family Court of Australia considered parenting and property settlement disputes between the parties. The central dispute involved both the Husband and Wife seeking orders for the primary care of their three children, with the Husband also making allegations of family violence. In relation to property, the Husband sought a property settlement, and the court was required to determine the division of assets.

The legal issues before the court included the determination of parenting arrangements for the children, specifically whether they should live with the Wife and spend regular time with the Husband. Furthermore, the court had to consider the division of the parties' property, including whether the Husband's expected inheritance from his late Mother's estate should be included in the asset pool. The court was also required to assess the various contributions of each party to the marriage and consider relevant section 75(2) factors, such as the Husband's superior earning capacity.

Bender J reasoned that the Husband's initial contributions to the marriage were greater than those of the Wife. However, the court determined that the Husband's expected inheritance should be excluded from the asset pool, despite its potential significance. Applying the principles of property settlement and considering the parenting arrangements where the Wife was to retain primary care of the children, along with the Husband's greater earning capacity, the court ordered a division of the asset pool favouring the Wife by 60% to 40%.