FAMILY COURT OF AUSTRALIA
| WIDMANN & WIDMANN | [2017] FamCA 602 |
| FAMILY LAW – PROPERTY –Where the parties were in a relationship for approximately 22 years and have three children of the relationship – Where the wife sought a sum equivalent to 80 per cent of the husband's one-third share of the net proceeds of one of the properties –Where the husband sought that the wife’s application be dismissed as there is no basis for any alteration of his legal interest in assets acquired by him from an inheritance received from his late father –Where the husband received a substantial inheritance approximately six years after the parties' separation – Where the contributions of the parties were equal as at the date of separation – Where adoption of a two-pool approach would not achieve a just and equitable outcome to the proceedings - Court finds that the net assets and superannuation should be divided as to 65 per cent to the husband and 35 per cent to the wife – Court finds no reason for an adjustment in favour of either party on account of section 75(2) factors – Orders made for the husband pay to the wife a sum of $312,490 within three calendar months of the date of the orders. |
| Family Law Act 1975 (Cth), s 75(2), 79, 79(4)(a-e,) 80(1)(h). |
| Stanford v Stanford [2012] HCA 52 |
| Bonnici and Bonnici (1992) FLC 92-272 |
| APPLICANT: | Ms Widmann |
| RESPONDENT: | Mr Widmann |
| FILE NUMBER: | SYC | 2334 | of | 2012 |
| DATE DELIVERED: | 28 July 2017 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Stevenson J |
| HEARING DATE: | 7-9 March 2017 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Fermanis |
| SOLICITOR FOR THE APPLICANT: | Rockliffs Solicitors & IP Lawyers |
| COUNSEL FOR THE RESPONDENT: | Mr Enox |
| SOLICITOR FOR THE RESPONDENT: | Pearson Emerson Meyer Family Lawyers |
Orders
Within three (3) calendar months of the date of these Orders, the husband will pay to the wife a sum of $312,490.
Otherwise, each of the parties is declared to be solely entitled to all real property, chattels and superannuation benefits presently in his and her respective control.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Widmann & Widmann has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 2334 of 2012
| Ms Widmann |
Applicant
And
| Mr Widmann |
Respondent
REASONS FOR JUDGMENT
The proceedings
The applicant wife, Ms Widmann, and the respondent husband, Mr Widmann, are parties to litigation concerning alteration of property interests.…
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- AGLC
- WIDMANN & WIDMANN [2017] FamCA 602
- Case
- [2017] FamCA 602
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the husband's inheritance, received post-separation, should be included in the asset pool for division, and if so, how it should be treated in determining a just and equitable distribution of the parties' property. The court was also required to consider the parties' contributions as at the date of separation and whether the adoption of a two-pool approach would lead to a fair outcome. Furthermore, the court needed to assess if any adjustments were warranted under section 75(2) of the *Family Law Act 1975* (Cth) in favour of either party.
Stevenson J reasoned that while the parties' contributions were equal as at the date of separation, a two-pool approach, which would typically separate pre-separation assets from post-separation inheritances, would not achieve a just and equitable outcome in this instance. The court found that the net assets and superannuation should be divided 65 per cent in favour of the husband and 35 per cent in favour of the wife. No reason was found to make an adjustment in favour of either party based on the section 75(2) factors.
Consequently, the court ordered the husband to pay the wife a sum of $312,490 within three calendar months of the date of the orders. Otherwise, each party was declared solely entitled to all real property, chattels, and superannuation benefits then in their respective control.
Orders
Orders of the court
1.
Within three (3) calendar months of the date of these Orders, the husband will pay to the wife a sum of $312,490.
2.
Otherwise, each of the parties is declared to be solely entitled to all real property, chattels and superannuation benefits presently in his and her respective control.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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