TERZIAN & OHANIAN

In the matter of TERZIAN & OHANIAN, Rees J of the Family Court of Australia considered a property settlement dispute between a husband and wife following a marriage of two and a half years. The parties had one child, and the separation occurred while they were living under the same roof. The primary assets in contention included the former matrimonial home, which the husband had contributed at the commencement of cohabitation, and substantial loans provided by the husband's brothers.

The court was required to determine the appropriate division of the parties' assets, specifically assessing the contributions made by each party to the marriage and considering relevant factors under section 75(2) of the *Family Law Act 1975* (Cth). Key issues included the weight to be given to the husband's initial contribution of the home, his role as the main financial provider, and the wife's role as the primary carer of the child. The court also had to consider the future living arrangements of the child, who would reside with the wife but spend significant time with the husband.

Rees J reasoned that while the husband's initial contribution of the home and his financial provision were significant, the wife's role as primary carer and her contributions to the marriage warranted consideration. The court assessed the parties' contributions at 80% in favour of the husband and 20% in favour of the wife. An additional 10% adjustment was made in favour of the wife pursuant to section 75(2) factors, reflecting the child's future care arrangements.

The final orders stipulated that the husband was to pay the wife a sum of $148,685 within three months as property settlement. In the event of non-payment, the husband was to sell the property, with proceeds to be applied first to the mortgage, then sale costs, then the wife's payment with interest, and the balance to the husband. Upon payment, the wife was to vacate the property, and the husband would be entitled to sole occupation. Each party was otherwise entitled to property in their possession.