DARRETT & DARRETT

In the matter of *Darrett & Darrett*, Stevenson J considered applications by the wife for property settlement orders and parenting orders pursuant to the *Family Law Act 1975* (Cth). The dispute involved the division of the parties' property and arrangements for their two children, who were spending equal time with each parent. The court was required to determine whether it was just and equitable to alter the parties' property interests and rights, and to make orders concerning the children's living arrangements and parental responsibility.

The court's reasoning in relation to property involved assessing the financial and non-financial contributions of each party as at the date of trial. Applying the principles from *Stanford v Stanford*, the court found that the husband's contributions warranted a 55 per cent share and the wife's 45 per cent share. An adjustment of 10 per cent in the wife's favour was deemed appropriate under s 75(2) of the Act. For the children, the court considered the single expert's view that equal time arrangements were contrary to the children's best interests, but found that the presumption for equal shared parental responsibility was not rebutted. The mother did not establish a case for sole responsibility regarding the children's education.

Consequently, the court ordered that the parties have equal shared parental responsibility for the children. The children are to live with the mother and spend substantial and significant time with the father, with the father's time increasing as the children grow. Specific orders detailed the schedule for the children's time with each parent, including during school terms, holidays, and special occasions. In terms of property, the court ordered the sale of a property, with the net proceeds to be distributed such that the wife receives 53.7% of the balance after sale costs and mortgage discharge. The wife was also to receive the entirety of funds in a specific bank account, and otherwise, each party was entitled to property in their possession.