ROVERATI & ROVERATI

In ROVERATI & ROVERATI, Judge Heffernan of the Family Court of Australia was required to determine the property settlement between the parties following a long marriage. The dispute concerned the division of their net assets, including superannuation interests.

The primary legal issue before the court was how to assess the contributions of each party to the marriage and the acquisition, conservation, and improvement of the matrimonial property. The court was also required to consider whether any further adjustment to the property division was warranted beyond an equal split, and to make orders giving effect to the division, including a superannuation splitting order.

The court reasoned that, given the length of the marriage and the contributions of both parties, a 50:50 division of the net assets was appropriate. No further adjustment was made, and the court ordered a specific division of various assets, including the former matrimonial home, separate savings and investments, and motor vehicles. Crucially, the court made a superannuation splitting order pursuant to section 90MT of the *Family Law Act 1975*, allocating a base amount of $45,965 to the wife from the husband's superannuation interest. The parties were ordered to pay their own costs, with provisions for indemnifying each other in respect of separate debts and for the execution of necessary documents.