Jessop and Draper

In *Jessop and Draper*, heard in the Family Court of Australia, the parties sought orders regarding property settlement, spouse maintenance, and departure from child support assessments. The proceedings concerned a husband and wife who had separated after a long marriage, with two sons, one of whom was an adult and the other a teenager. The wife had a history of significant health issues, including cancer, and had not been in paid employment for many years, while the husband was a high-income earner in a senior position within an accounting firm.

The court was required to determine the division of the parties' significant asset pool, including real estate, investments, and various other assets and liabilities. Key issues included the valuation of certain assets, the extent of any adjustment to be made in favour of the wife under section 75(2) of the Family Law Act 1975 (Cth) due to various factors, and the wife's claim for spouse maintenance. Additionally, the court had to consider a departure from the standard child support assessment for the younger son, including the quantum and duration of any revised payments.

Justice Moore applied the principles of property settlement under the Family Law Act, noting that contributions were to be assessed as equal. The court then considered the section 75(2) factors, including the parties' respective incomes, earning capacities, financial resources, age, health, and responsibilities for a child. The wife's significantly reduced earning capacity due to health issues and her long absence from the workforce weighed heavily in her favour, as did the disparity in the parties' future financial prospects. The court determined that a 16.66% adjustment in favour of the wife was just and equitable, resulting in a distribution of approximately two-thirds to the wife and one-third to the husband. The wife's claim for spouse maintenance was dismissed, as the court found that her substantial property entitlement would enable her to adequately support herself.

The court made detailed orders regarding the sale of the parties' family home and other properties, the distribution of proceeds, the division of personal property, and the transfer of various assets and liabilities. Specific provisions were made for the sale of a boat, the application of funds from an investment, and the management of funds for the parties' children. The court also ordered a departure from the child support assessment, setting a revised monthly payment for the younger son and requiring the husband to cover educational and health insurance expenses.