Josey and Josey

This case involved a dispute between a husband and wife concerning the division of their property and arrangements for their children. The matter came before Faulks DCJ. The court was required to make orders regarding the former matrimonial home, other properties, various debts, personal belongings, and superannuation entitlements. Additionally, the court had to determine parenting arrangements for the parties' two children, including issues of parental responsibility, living arrangements, and time spent with each parent.

The court was tasked with determining how to divide the parties' assets and liabilities, including the former matrimonial home, a property in the USA, and significant debts. A key issue was the valuation and disposition of the former matrimonial home, with the court considering options for the husband to buy out the wife's interest or for the property to be sold. The court also had to address the division of personal property and the allocation of responsibility for various debts. In relation to the children, the court needed to establish a parenting regime that addressed sole parental responsibility, the children's principal living arrangements, and the practicalities of time spent with the father, particularly given the geographical distance between Australia and the USA.

In reaching its decision, the court considered the evidence presented by both parties, including their financial circumstances and the needs of the children. The court noted a significant discrepancy in the future income-earning capacity between the husband and wife, with the wife's potential income being considerably lower. This disparity was a factor taken into account under s 75(2) of the *Family Law Act 1975*. The court also considered the costs associated with the children's travel between Australia and the USA, with specific orders made regarding the sharing of these expenses. The court ultimately made detailed orders concerning the property settlement, including the transfer of interests in properties, the sale of assets, and the division of proceeds, as well as comprehensive parenting orders that provided for the children to live principally with their mother in the USA and outlined specific arrangements for the children to spend time with their father.