Devoto and Devoto & Ors

In *Devoto and Devoto & Ors*, Rees J of the Family Court of Australia considered a property settlement dispute between a husband and wife. The core of the disagreement involved the division of marital assets and liabilities, including a jointly occupied property, an equitable interest held by the wife in a property owned by her mother and daughter, and the husband's superannuation interests. The wife also sought an adjustment on the grounds of family violence.

The court was required to determine the appropriate division of the parties' property under section 79 of the *Family Law Act 1975* (Cth). This involved assessing the contributions of each party to the marriage, both financial and non-financial, and considering whether any adjustments were warranted under section 75(2) of the Act. Specifically, the court had to consider the wife's equitable interest in a property, the impact of the wife and children's sole occupation of the former matrimonial home post-separation, and the husband's lack of involvement in child care after separation. The court also had to determine if family violence, as contemplated by the principles in *Kennon v Kennon*, warranted an adjustment to the property division. Finally, the court needed to make orders regarding the splitting of the husband's superannuation interests.

Rees J found that while the husband had made more substantial financial contributions and the wife had made more substantial contributions as homemaker and caregiver, these contributions were to be assessed as equal. The court noted insufficient evidence to quantify the wife's equitable interest in the third-party property, treating it instead as a financial resource. No adjustment was made for family violence, as the evidence did not support such an order. An adjustment of 2.5 per cent was made in favour of the husband pursuant to section 75(2). The court ordered the wife to pay a sum to the husband, transfer of the former matrimonial home to the wife upon payment, and a splitting order in relation to the husband's superannuation. The parties were also ordered to pay outstanding school fees.