Towner v Towner

In *Towner v Towner* [1995] NSWCA 473, the New South Wales Court of Appeal considered an appeal concerning the division of property following a marriage breakdown. The primary dispute revolved around the wife's claim for a greater share of the matrimonial assets, particularly in light of the husband's alleged dissipation of assets and the wife's significant contributions to the marriage.

The central legal issues before the Court of Appeal were whether the primary judge had erred in their assessment of the parties' contributions, both financial and non-financial, to the acquisition, conservation, and improvement of the matrimonial property. Specifically, the court had to determine if the wife's contributions had been undervalued and if the husband's conduct in diminishing the asset pool warranted a departure from an equal division. The court also considered the weight to be given to the wife's role as homemaker and caregiver.

The Court of Appeal, applying principles of family law concerning property adjustment, found that the primary judge had indeed made errors in assessing the parties' contributions. The court emphasised that contributions should be viewed broadly, encompassing not only financial input but also the non-financial contributions of homemaking and child-rearing, which are vital to the functioning of a family unit. The court determined that the wife's contributions had been significantly underestimated and that the husband's dissipation of assets was a relevant factor in determining a just and equitable distribution.

Consequently, the Court of Appeal varied the orders made by the primary judge, ordering a greater share of the matrimonial assets to be transferred to the wife to reflect a more equitable division of the property.