DUCLOS & DUCLOS

The case of DUCLOS & DUCLOS concerned parenting, property settlement, child support, and spousal maintenance disputes between the husband and wife. The children of the marriage were aged 10 and 12. The husband sought a week-about living arrangement for the children, while the wife wished to maintain the interim arrangement of five nights a fortnight with the husband. The court also had to determine the division of property, including the former matrimonial home, various financial accounts, loans, tax refunds, and trust distributions. Additionally, the wife sought periodic and non-periodic child support payments, including a departure from the administrative assessment, and spousal maintenance. The matter was heard by Watts J.

The legal issues before the court included determining the best interests of the children in relation to their living arrangements and time spent with each parent, considering their differing parenting styles and communication issues. The court was required to make determinations regarding the treatment of various financial assets and liabilities for the property settlement, taking into account the parties' financial contributions and earning capacities. Furthermore, the court had to consider whether special circumstances existed to justify a departure from the administrative assessment of child support and to determine the appropriate quantum of periodic and non-periodic child support. Finally, the court needed to assess the wife's need for spousal maintenance and the husband's capacity to meet that need.

In relation to parenting, the court found that equal shared parental responsibility was in the children's best interests, with the children to live with the wife. The court ordered a specific schedule for the children to spend time with the husband, which differed from his initial request for a week-about arrangement, reflecting the finding that five nights a fortnight was in the children's best interests. For property settlement, the court acknowledged the husband's major financial contribution and the wife's major non-financial contribution, along with the husband's greater earning capacity. An adjustment was made in the wife's favour under section 79(4)(d)-(g) of the *Family Law Act 1975* (Cth). Regarding child support, the court found special circumstances existed and ordered the husband to pay $500 per week per child, in addition to all educational and medical expenses, departing from the administrative assessment. Spousal maintenance was ordered for the wife for a period of 12 months, reflecting her need and the husband's capacity to pay.

The court made detailed orders regarding the parenting arrangements, including specific times for the children to spend with each parent during school terms, holidays, birthdays, and other significant dates. Property settlement orders were made, including the husband paying a significant sum to the wife and detailed provisions for the sale of the former matrimonial home if payment was defaulted. The husband was also ordered to indemnify the wife against various liabilities. Child support orders stipulated a weekly payment per child and responsibility for all educational and medical expenses. Finally, spousal maintenance was ordered at $661 per week for 12 months. The court also appointed the Registrar to sign documents if a party refused or neglected to do so.