Ten years, two children, less than they started with: 60/40 proposed

Proposed: 60% to her, 40% to himFamily Court of Western Australia · 9 April 2019
Together
About 10 years, de facto
Children
Two, shared care
Net pool
About $237,500
Split
Proposed 60% her/40% him
A man hoses down a boat on a trailer inside a farm shed.

They moved in together in October 2007 and separated in January 2017. She owned two properties when they met; her assets after mortgages, counting $30,000 of super, came to about $520,000. He owned a property and a temporary dwelling; his came to about $332,800. She stopped work when she became pregnant, and they had two children. She was the main carer and he, a self-employed tradesman, was the main earner. He renovated her properties and raised their value.

In 2014 they sold up and bought a farm as the family home, using $355,650 from her house, a $400,000 loan and $200,000 of savings. Money troubles followed. A boat he had bought for $120,000 was sold for $80,000. By the trial their net property was $237,500, far less than they had started with.

Both represented themselves. He asked for an equal split and she asked for 70%. Justice Duncanson found their very different contributions during the relationship were equal. Her larger starting assets, and her paying the mortgage on her own since October 2017, tipped contributions to 55% for her and 45% for him.

Her super of $80,375 could not be split under the Family Court Act 1997 (WA), so it was treated as a financial resource she would keep. He was seven years younger, with greater earning capacity. The judge gave her a further 5%, smaller than it would have been had she not kept her super. He had questioned about $42,500 she withdrew over three years, but his suspicions were not made out.

The judge proposed 60% to her and 40% to him: $142,500 and $95,000. He could keep the farm if, within 60 days, he refinanced and paid her $144,000; if not, it would be sold. The judge listed a further hearing to hear from the parties before making the orders.

What it means for you

When a couple's wealth shrinks during the relationship, the court still looks at what each brought in, and at who is better placed for the years ahead.

The judge set out proposed orders and listed a further hearing on 29 April 2019 to hear from the parties before making them; no later published judgment was found. Since 28 September 2022 a court can split superannuation between Western Australian de facto partners, under Part VIIIC of the Family Law Act 1975 (Cth). This case was decided before then, when super could only be weighed as a resource the partner kept. Western Australia has not adopted the 10 June 2025 federal property changes for de facto couples, so WA de facto property is still decided under the same provisions of the Family Court Act 1997 (WA).

The decision: [2019] FCWA 72

A published decision of the Family Court of Western Australia, retold in plain English. MKI Legal did not act in this case. Every outcome depends on its own facts. This is general information, not legal advice.

Talk to a family lawyer about your property split

Call us on (08) 9470 2777, or read how consent orders make an agreed property split binding.