Harlem & Harlem

In the matter of *Harlem & Harlem*, Cohen J of the Family Court of Australia considered a dispute between a husband and wife concerning the division of their property following separation. The wife sought orders for the division of net assets, arguing for a greater share based on her contributions and the future needs of herself and the children.

The primary legal issues before the court were the determination of the parties' respective contributions to their property pool and whether an adjustment was warranted under section 75(2) of the *Family Law Act 1975* (Cth) to account for future needs. The court was required to assess the value of assets and liabilities, consider the division that had already occurred, and determine a just and equitable distribution of the remaining property.

Cohen J found that the wife's affidavits clearly detailed the parties' contributions. While acknowledging the wife's initial contribution and the apparent equality of subsequent contributions, the court determined that the wife had contributed to a greater degree, assessing her contribution at 54% and the husband's at 46%. The court also considered the wife's future needs, including her primary care of the children, potential curtailment of earning capacity, and housing requirements, in relation to the husband's lesser needs. Consequently, the court found it just and equitable to adjust the division by approximately 6% in favour of the wife, resulting in a division of approximately 60% to the wife and 40% to the husband. The court made property orders consistent with the wife's submissions.