MOFFATT & CORDER

In the matter of Moffatt & Corder, Judge Burchardt of the Family Court of Australia considered a property dispute arising from a twelve-year relationship. The case involved a relatively small asset pool, primarily comprising the family home and the husband's superannuation. The wife sought to retain the unencumbered family home, despite the husband's significantly greater financial contributions to the relationship, on the basis of her substantially greater future needs.

The central legal issues before the court were how to divide the limited property pool, specifically the family home and the husband's superannuation, in a manner that fairly addressed the parties' respective contributions and future needs. The court was required to determine the appropriate percentage split of the overall property pool, taking into account the wife's claim to retain the family home and the husband's greater financial input.

Judge Burchardt reasoned that while the husband had made greater financial contributions, the wife's future needs were substantially greater, justifying a departure from a strictly proportional division based on contributions alone. Applying the principles of the *Family Law Act 1975* (Cth), the court ultimately ordered a division of the property pool 65% in favour of the wife and 35% in favour of the husband. The orders detailed the mechanism for the wife to acquire the husband's interest in the family home, including a payment to be made by a specified date, and provisions for the sale of the property and distribution of proceeds should that payment not be made. The orders also addressed the parties' respective entitlements to superannuation and other assets, and the severance of any joint tenancies.