SHRIMPTON & SHRIMPTON

In the matter of *Shrimpton & Shrimpton*, Judge Bender of the Family Court of Australia considered an application for property settlement between a husband and wife. The dispute centred on the division of assets, including the former matrimonial home, an ongoing interest the husband held in a testamentary trust established by his late mother, an expected inheritance for the wife, and the wife's greater future earning capacity.

The primary legal issues before the court were whether the husband's testamentary trust should be included in the pool of assets available for division, and how the remaining assets should be distributed between the parties, taking into account their respective contributions and future financial circumstances. The wife contended that her contributions throughout the relationship warranted an equal division of assets.

Judge Bender determined that the husband's testamentary trust was not to be included in the pool of assets for division. The court reasoned that while the husband had made an initial contribution with the unencumbered former matrimonial home, the wife's contributions throughout the relationship, coupled with her greater future earning capacity, justified a significant share of the remaining assets. Consequently, the court ordered that the wife receive 60% and the husband receive 40% of the parties’ remaining assets, with the husband retaining the entirety of his testamentary trust.