Upton & Upton

In the matter of *Upton & Upton*, heard by Burchardt J, the dispute concerned the division of property between Mr and Ms Upton. The court was required to determine a just and equitable distribution of the net proceeds from the sale of the former matrimonial home and to make orders concerning the husband's superannuation interest.

The court considered the specific financial contributions made by the parties, noting that the amount in dispute precisely equated to direct financial contributions made on behalf of the husband. However, the court also acknowledged the length of the relationship and the need to avoid a merely token outcome for the wife.

Ultimately, Burchardt J determined that a division of the net proceeds of sale of 70 per cent to the husband and 30 per cent to the wife was a fair, just, and equitable outcome, taking into account a 15 per cent adjustment to the wife for future needs. Orders were made to give effect to this division, including specific provisions for the allocation of a portion of the husband's superannuation interest to the wife.