Interim re-locations may be justified when they are generally consistent with the longstanding arrangements
February 8, 2017
Financial contributions made during the post-separation period may be partly attributable to the other party’s domestic contributions during the relationship
February 13, 2017

Assessing Contributions in the context of a short relationship

sad son hugging his dad near wall at the day time

Rose & Mitchell [2016] FCCA 771 is a first-instance decision that illuminates the court’s assessment of contributions in the context of a short relationship. In this particular case, the parties’ relationship lasted less than 4 years. There was a singe child of the relationship. The net value of the parties’ assets amounted to approximately $215,000.
Contributions were assessed 90/10 in favour of the husband. This assessment was largely predicated upon the husband’s substantial initial financial contribution of $250,000. The sum in question relates to the equity that had accrued in the matrimonial home. The husband was solely responsible for purchasing this home. Both parties, however, contributed in roughly equal proportions to renovating the property. The husband was found to have earned slightly more income than the wife, but the wife’s contribution to the welfare of the family was significant because she was primarily responsible for the care for the parties’ child.
The court made an adjustment of 15% percent in favour of the wife. This was mainly due to her role as the child’s primary caregiver. The future expenses associated with rearing the child were also taken into account.
Ultimately, the parties’ assets were divided 75/25 in favour of the husband. The most noteworthy aspect of this decision, however, is the court’s assessment of the parties’ contributions. In this instance, it seems to have nearly reflected the value of the assets that the parties had brought into the relationship. This stands in contrast to what typically occurs in relation to longer relationships. That is, the longer the relationship, the more likely the court will assess the parties’ respective contributions as equal.