Wheat & Wheat

In *Wheat & Wheat*, Benjamin J of the Family Court of Australia was required to determine a property settlement between a husband and wife who had separated after a long marriage. The dispute arose from differing views on the wife's involvement with a religious group, which the husband claimed had fundamentally changed her and led to the marriage breakdown. The court's role was to adjust property under Part VIII of the *Family Law Act 1975* (Cth), irrespective of the personal reasons for the marital discord.

The primary legal issues before the court were to identify and value the parties' property and financial resources, assess their respective contributions to the marriage, and then consider other relevant factors, including those under section 75(2) of the Act, to determine any necessary adjustments to the contribution-based entitlements. The court was also tasked with resolving what final orders would be just and equitable in all the circumstances.

Benjamin J applied the four-step approach to property settlement proceedings reiterated by the Full Court in *Hickey and Hickey*. This involved first establishing the financial position of the parties, then assessing their contributions (financial and non-financial) to determine initial entitlements. Subsequently, the court was to consider "other factors," such as the s.75(2) matters, to make any necessary adjustments. Finally, the court would determine the just and equitable outcome. The court emphasised the obligation of both parties to make full and frank disclosure of their financial circumstances.