ORCHIDE & ORCHIDE

This matter concerned an application for property settlement brought by the Husband approximately 20 years after the parties' separation. The Wife contended that her contributions post-separation had been greater than those of the Husband, notably highlighting that her superannuation of $130,000 was accumulated entirely after the separation.

The court was required to determine how to pool and divide the parties' assets, considering the significant period of separation and the Wife's post-separation accumulation of superannuation. Key issues included whether the Wife's superannuation should be included in the asset pool for division and the appropriate adjustments to be made in favour of each party, taking into account both contributions and factors under section 75(2) of the Family Law Act 1975 (Cth).

Judge Bender reasoned that the Wife's superannuation, accumulated post-separation, should not be included in the asset pool for division. The court ordered a 25% adjustment in favour of the Wife for her contributions and a 2.5% adjustment in favour of the Husband concerning section 75(2) factors. The final orders directed the Wife to refinance the liabilities secured over the former matrimonial home, pay the Husband $20,795, and transfer the Husband's interest in the home to her, while she retained her superannuation.