Scrymegeour and Scrymegeour

The Family Court of Australia considered a property settlement and spousal maintenance dispute between Mr Scrymegeour (husband) and Ms Scrymegeour (wife). The parties had been married for 23 years and separated in March 2010, with four children, the youngest of whom lived with the wife. The husband sought a superannuation split, a cash payment, and a lump sum spousal maintenance payment, while the wife sought a similar superannuation split, a larger cash payment, and periodic spousal maintenance over five years with annual CPI adjustments.

The court was required to determine the division of the matrimonial asset pool, considering the parties' contributions and making adjustments under section 75(2) of the *Family Law Act 1975* (Cth). Additionally, the court had to assess the wife's claim for spousal maintenance, considering her diminished earning capacity due to her role as homemaker and her need to care for the youngest child and undertake further study.

In relation to property, the court found the parties' contributions to be equal throughout the relationship. However, adjustments were made in favour of the wife due to the husband's exclusive enjoyment of the former matrimonial home and use of joint monies for personal expenses post-separation, the significant disparity in their earning capacities, and the wife's ongoing care of the youngest child. The court also noted difficulties in assessing the husband's post-separation contributions due to his commingling of joint funds. Ultimately, the court ordered a property adjustment resulting in a 35 per cent entitlement for the husband and 65 per cent for the wife. For spousal maintenance, the court ordered periodic payments to the wife for five years, recognising that this would allow her to improve her earning capacity and spend more time with the youngest child.

The final orders included the husband paying the wife a sum of $403,353, allocating a base amount of $710,029 from the husband's superannuation interest to the wife, and ordering the husband to pay the wife $366 per week for spousal maintenance for five years, with annual CPI adjustments. The wife was also directed to sell certain items and account to the husband for 35 per cent of the net proceeds. Each party was to bear their own legal costs.