Australian court recognises housewife’s role in divorce settlement

Divorce|April 22nd 2015

An Australian family court has increased a wife’s divorce settlement from 40 per cent of the couple’s assets to half.

Her ex-husband was a successful property developer on the Gold Coast in Queensland and had accumulated an AU $40 million fortune (£20,733,000). The couple had been married for 29 years until he left her for another woman.

During the lengthy marriage, the woman had been a “homemaker and parent” for the couple’s three children, although she had some involvement in the husband’s construction firm.

When the case reached court in July 2012, the husband was awarded 60 per cent of the assets on the basis that he had made a special contribution to the couple’s wealth, Financial Review reports. The husband had argued that his ex-wife’s role in the company had not been passive and that he had grown the business still further since their separation.

This ruling has now been overturned by a higher court. The husband had not given “appropriate credence to the wife’s contribution during their marriage”, it declared. The earlier judge had been too preoccupied with “comparable cases” and made a legally erroneous judgement.

Photo of the Gold Coast by Mike R via Wikipedia under a Creative Commons licence

Author: Stowe Family Law

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