LYON & LYON

In the matter of Lyon & Lyon, Ms Lyon (the wife) and Mr Lyon (the husband) brought their property settlement dispute before Barry J of the Family Court of Australia. The wife had been financially independent throughout the marriage and since separation, and was the primary caregiver for the child of the marriage who had special needs. The wife had also contributed the greater share to the child's medical expenses and borne the bulk of the child's travel costs, while the husband's contribution to child support had been minimal.

The court was required to determine the appropriate division of the parties' property, taking into account the wife's significant contributions as primary caregiver and financial contributions to the child's needs, as well as her financial independence and the husband's limited contributions. The court also had to consider the wife's interstate residence and the associated travel costs for the child.

Barry J reasoned that a significant departure from an equal division of property was warranted to reflect the wife's substantial contributions and the ongoing needs of the child. The court applied principles of property adjustment under the *Family Law Act 1975* (Cth), considering the contributions of each party and the future needs of the parties and the child.

The court ordered that the property be divided 85 per cent in favour of the wife and 15 per cent in favour of the husband. The wife was to retain the former matrimonial home and pay the husband the sum of $25,152 within ninety days. In the event of non-payment, the property was to be sold by private treaty or, if that failed, by public auction, with specific provisions for agent appointment, reserve price, and the distribution of sale proceeds. The wife was to indemnify the husband against outgoings and mortgage liabilities on the property until payment. Each party was to retain their current possessions, with no further interest in the other's property, and a Registrar was appointed to execute documents if a party defaulted.