SILVERTON & MILLIGAN

In the matter of *Silverton & Milligan*, Judge Roberts of the Family Court of Australia considered a dispute concerning the division of property between a husband and wife. The parties had an initial period of cohabitation between 2001 and 2004, followed by an informal property settlement, and then a further on-again, off-again cohabitation from 2007 to 2010. The case involved considerations of the husband's illiteracy and the wife's work as a prostitute, alongside their respective contributions and the factors enumerated in subsection 75(2) of the *Family Law Act 1975*.

The court was required to determine the appropriate property settlement between the parties, taking into account their respective financial and non-financial contributions throughout their relationship, as well as future needs and circumstances. This involved assessing the impact of factors such as the husband's illiteracy and the wife's occupation on their respective contributions and future capacity.

Judge Roberts reasoned that a just and equitable division of the property required a consideration of all relevant factors under the *Family Law Act 1975*. The court acknowledged the complexities arising from the parties' circumstances, including the informal nature of their initial settlement and the specific challenges presented by the husband's illiteracy and the wife's employment. The court applied the principles of assessing contributions and future needs to arrive at a final determination.

The court ordered that within 90 days, the husband must pay the wife $35,000. Contemporaneously with this payment, the wife must transfer to the husband all her interest in a property in Tasmania and a Honda Jazz motor vehicle. The husband is to indemnify the wife against any liabilities relating to these assets. These orders are intended to finally determine the financial relationship between the parties, save for costs and enforcement.