Three mortgaged properties, a FIFO job and a 55/45 split

The couple began living together in 2008, married in 2010 and separated in January 2017. Their son was born in 2012. The father worked full time on a fly-in fly-out roster throughout. The mother stopped work just before their son was born, became the main homemaker and parent, and later, by agreement, left her job to care for him and retrain. After separation she worked casually for about $800 a fortnight.

On paper they owned a lot: three properties and other assets worth $1,040,100 in all. But values had dropped, the mortgages over the properties secured each other, and with her loan from her parents and her credit cards the debts came to $896,000. That left net assets of $144,100. Super, $229,000 in his name and $118,000 in hers, brought the pool to $491,100.

The mother asked for 75%; the father asked for an equal split. They agreed, and Chief Judge Sutherland accepted, that their contributions were equal. Turning to the future, both were in their forties and in good health, and the judge expected the mother's income to grow until it was comparable with the father's. But in the short to medium term he would earn more, and she would keep caring for their son. That justified a modest 5% adjustment to her.

The result was 55% to the mother and 45% to the father. Because the sale prices were uncertain, two properties were to be sold and the net assets divided 55/45 once their values were known. The father could keep the third if he refinanced it, or it too would be sold. A super split of $72,850 from his fund gave her 55% of their combined super. In the same judgment the mother was allowed to move interstate with their son.