SEXTON & SEXTON

In the matter of Sexton & Sexton, Stevenson J of the Family Court of Australia considered applications concerning property settlement, adult child maintenance, and spousal maintenance between the parties. The wife sought a 100 per cent splitting order in relation to the husband's superannuation interest, adult child maintenance for their autistic son, and spousal maintenance.

The court was required to determine whether it was just and equitable to make the proposed superannuation splitting order, having afforded procedural fairness to the superannuation fund trustee. Additionally, the court had to assess the husband's capacity to pay adult child maintenance for their dependent son, and the wife's inability to support herself and the husband's capacity to pay spousal maintenance.

Stevenson J found that it was just and equitable to make the superannuation splitting order, granting the wife 100 per cent of the husband's interest in the B Super fund. The court also ordered the husband to pay $500 per week in adult child maintenance for their son, commencing upon the termination of the current child support assessment. However, after considering the husband's obligation to pay adult child maintenance, the court found that he did not have the capacity to pay spousal maintenance, and therefore dismissed the wife's application for spousal maintenance.