HITCHENS & HITCHENS

In *Hitchens & Hitchens*, the parties were a husband and wife, and the dispute concerned the division of matrimonial assets. The matter came before Carew J in the Family Court of Australia.

The primary legal issues before the court were whether the assets of the parties constituted a financial resource for the purposes of s 75(2) of the *Family Law Act 1975* (Cth), and if so, what adjustment should be made to the property settlement to take into account those financial resources. The court was also required to consider the appropriate valuation of certain assets.

Carew J reasoned that the assets in question, which included shares and a business, were indeed financial resources available to the husband. His Honour applied the principles established in cases concerning the identification and valuation of financial resources, emphasizing that such resources, even if not presently owned or controlled, could be taken into account if they represented a potential or prospective financial benefit. The court considered the husband's capacity to access and benefit from these resources when determining a just and equitable distribution of the matrimonial property.

The court ordered that the property settlement be adjusted to reflect the husband's financial resources, with specific orders made regarding the division of the identified assets.