Owen and Bouchard

Case

[2013] FCCA 746

10 July 2013


Details
AGLC Case Decision Date
OWEN & BOUCHARD [2013] FCCA 746 [2013] FCCA 746 10 July 2013

CaseChat Overview and Summary

In the matter of Owen and Bouchard, heard before Judge Bender, the dispute concerned the division of the parties' superannuation and non-superannuation assets, as well as an application for ongoing spousal maintenance.

The court was required to determine the appropriate percentage split of the parties' combined superannuation and non-superannuation assets, and whether the wife should be awarded ongoing spousal maintenance.

The court ordered a division of assets whereby the wife would receive 65 per cent and the husband 35 per cent. This division was subject to agreed terms, including the payment of taxation liabilities from asset sale proceeds before division, the sale and division of furniture, the husband retaining specific items, and an adjustment to the non-superannuation asset split against the superannuation split. The wife's application for spousal maintenance of $500.00 per week was dismissed. The husband's existing monthly payment obligation to the wife was to continue until she received her full entitlement of the realisable assets.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Contract Formation

  • Jurisdiction

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

2

Stanford v Stanford [2012] HCA 52