Hirsch and Hirsch

This matter concerned parenting and property disputes between the Husband and Wife, heard by Judge Burchardt. The primary dispute revolved around the arrangements for the parties' two children, born in 2013 and 2015, and the division of their assets.

The court was required to determine the terms of equal shared parental responsibility, the living arrangements for the children, and the specific time the children would spend with each parent. Additionally, the court had to address the division of property, including a cash payment, the sale of real property, and the distribution of superannuation entitlements.

The court ordered that the Husband and Wife have equal shared parental responsibility for the children, with the children to live with the Wife. Specific, detailed arrangements were set out for the children's time with the Husband, including alternating weekends, school holidays, and public holidays, with provisions for changeovers and communication. In relation to property, the Wife was ordered to pay the Husband $61,500. If this payment was not made within 30 days, the parties were to sell their jointly owned real property, with the proceeds to be applied first to sale costs, then to discharge any mortgage, followed by the $61,500 payment to the Husband, and the balance to the Wife. Pending sale, the Wife was granted sole occupation of the property and responsible for mortgage instalments and outgoings. The Husband was permitted to collect specific personal items from the property. Furthermore, a superannuation split was ordered, transferring $32,350 from the Husband's superannuation to the Wife. The orders also stipulated that each party would otherwise retain their existing property and be solely responsible for their respective liabilities, with joint tenancies severed. The parties were also restrained from denigrating each other in the presence of the children.