SCRIVEN & SCRIVEN

In the matter of *Scriven & Scriven*, the parties, husband and wife, presented competing applications for the division of their property. Both parties suffer from significant health issues that impair their capacity to work, and the asset pool available for division was small. A central issue concerned the husband's superannuation, which was already in the payment phase and could not be converted into a lump sum for either party.

The court was required to determine how and whether the husband's superannuation entitlement, being in the payment phase, could be divided between the parties. Additionally, the court had to consider the contributions of each party to the relationship, particularly in light of the wife's role as homemaker, which was made more challenging by the husband's overseas deployment and subsequent health difficulties.

Judge Bender found that the wife had made the greater contribution during the relationship as homemaker, a role made more onerous by the husband's overseas deployment and subsequent health issues. Consequently, orders were made for the wife to receive 70% of the proceeds from the sale of the former matrimonial home, with the husband receiving 30%. The wife was also to retain all of her superannuation entitlement, and a splitting order was made in relation to the husband's superannuation, granting the wife 25% of that entitlement. The parties had otherwise agreed on the division of their remaining chattels.

The matter was adjourned to 17 September 2019 for mention, with the court noting that orders would be pronounced in Chambers upon proof of procedural fairness being provided to the husband's superannuation fund, and the adjourned date would then be vacated.