SILCOX & SILCOX

In the matter of SILCOX & SILCOX, the Wife sought a property settlement from the Husband concerning the former matrimonial home and the Wife's superannuation. The Wife contended for an equal division of the modest asset pool, given the long duration of the marriage and the existence of two children. The Husband, however, argued that a property distribution would not be just and equitable due to a pre-marriage agreement and the fact that the former matrimonial home was purchased with funds he solely owned prior to the marriage.

The court was required to determine whether to make orders for the distribution of the parties' property, considering the pre-marriage agreement and the source of funds for the matrimonial home. The court also had to assess the appropriate division of the asset pool, taking into account the contributions of each party and relevant section 75(2) factors of the Family Law Act 1975 (Cth).

Judge Bender ordered the sale of the former matrimonial home, with the proceeds to be divided 60% in favour of the Husband and 40% in favour of the Wife. This division reflected a 5% adjustment in the Husband's favour due to his significantly greater initial financial contribution and a further 5% adjustment in his favour concerning section 75(2) factors. No orders were made in relation to the Wife's superannuation entitlements, with each party to retain their respective superannuation and other property, except for the furniture and personal possessions within the former matrimonial home, which were deemed to be in the Husband's possession. The court also made detailed orders regarding the conduct of the sale, the occupation of the property pending sale, and the execution of necessary documents.