Schiftan & Schiftan

In *Schiftan & Schiftan*, heard in the Family Court of Australia, the wife sought property settlement and spousal maintenance, while the husband sought property settlement and opposed spousal maintenance. The parties had four children, with two adult children residing with the wife and two younger children living with each parent respectively, following consent orders regarding their care and responsibility. The court was required to determine the division of the parties' net assets, valued at approximately $1,610,086, including superannuation interests, and to consider the wife's claim for spousal maintenance.

The court's reasoning focused on assessing the parties' contributions under section 79 of the *Family Law Act 1975* (Cth), considering both non-superannuation and superannuation assets separately. The husband's initial assets and gifts from his mother were weighed against the wife's greater contribution as homemaker and primary caregiver for the children. The court also considered other relevant factors under section 75(2) of the Act, including the parties' ages, health, future earning capacities, and the wife's ongoing responsibility for younger children. The court found that the wife was unable to adequately support herself at the time due to her role as caregiver and her efforts to retrain as a decorator, justifying an award of spousal maintenance for a limited period.

Ultimately, the court ordered the sale of the former matrimonial home, with the net proceeds to be paid to the wife. The husband was ordered to transfer his interest in a Kia Carnival and certain C shares to the wife. The husband's superannuation interest was to be split, with a specified base amount allocated to the wife. The husband was also ordered to pay spousal maintenance of $300 per week to the wife until 1 January 2009 or until she obtained full-time employment, whichever occurred first, and to cover mortgage instalments on the former matrimonial home until its sale. The court also empowered a Registrar to execute any necessary documents if a party failed to comply with the orders.