Nadar & Nadar

In the matter of *Nadar & Nadar*, Betts J of the Federal Circuit and Family Court of Australia considered the claims of Ms Nadar (the applicant wife) and Mr Nadar (the respondent husband) concerning property settlement and spousal maintenance. The dispute involved the division of the parties' net matrimonial property and the wife's claim for spousal maintenance.

The court was required to determine whether the wife was entitled to an increased contributions assessment based on family violence, and to make orders for the division of the parties' net matrimonial property. Additionally, the court had to consider the wife's claim for spousal maintenance, including whether ongoing payments were appropriate and whether the husband had the capacity to pay.

Betts J dismissed the wife's claim for spousal maintenance, finding no proper basis for such an order. The court reasoned that while the wife could establish need, the husband lacked the requisite capacity to pay spousal maintenance without depleting capital that would otherwise be available for division. Making an ongoing order that required capital depletion was considered not a "proper" order under section 74 of the *Family Law Act 1975* (Cth). The court also found that the evidence was insufficient to support an increased contributions assessment on the basis of family violence, referencing *Kennon & Kennon*. The net matrimonial property was ordered to be divided equally between the parties.

The court ordered that the wife's claim for spousal maintenance be dismissed and all existing spousal maintenance orders discharged. The net matrimonial property was to be divided equally, with the court to hear further submissions on the form of orders required to give effect to this equal division. Pending sale, the husband was to continue occupying the property and meeting associated expenses.