Beyer & Beyer [2023] FedCFamC2F 59

Beyer & Beyer [2023] FedCFamC2F 59

Relationship Details

• Type: Marriage
• Duration: Cohabitation began in 2010, married in 2015, and separated on a final basis on 31 December 2019, though they lived under the same roof overseas until January 2021: approximately 9 years of cohabitation.
• Ages at Judgment: Husband nearly 52, Wife 44.
• Financial agreement: In July 2012 the parties made a financial agreement under s 90UC, dividing the equity in the property by their recorded contributions. The court found both had departed from its intention; neither sought to enforce it, so the court made orders under s 79.

Children

• There are no children from the relationship.

Initial Financial Positions

• Husband:

  • Purchased property at B Street, Suburb C for $364,000 in 2009, funded partially through mortgage and First Home Owner’s Grant.
  • Had approximately $45,000 in the offset account, property valued at $410,000 with around $275,000 mortgage (net $135,000).
  • Superannuation: Approximately $41,000.
  • Debts: Credit card liability of about $2,500.

• Wife:

  • Superannuation: Approximately $15,700.
  • Savings and assets: Motorcycle, personal effects, and savings of $25,000.

Contributions During the Relationship

• Financial Contributions:

  • Both parties contributed to household expenses and the mortgage account after cohabiting.
  • The wife contributed directly to the mortgage from May 2012.
  • Husband funded renovations primarily at the outset.

• Non-financial Contributions:

  • Both worked on the property renovations between 2013 and 2018, but the court found the husband's non-financial contributions to the property were greater.
  • The wife continued employment, supporting the household while the husband studied and worked on the renovations.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Husband paid the rates and outgoings on the property after separation, balanced against his exclusive use of it. The mortgage was met from advance payments in the redraw, so the debt increased.
  • The parties' recorded direct financial contributions to the property were equal as at April 2021.

• Non-financial Contributions:

  • Wife claimed contributions to post-separation renovation work while husband was abroad.
  • No major dissipation of assets reported post-separation.

Current Financial Position & Property Pool

• Husband:

  • Income approximately $137,200 per annum.
  • Primary non-superannuation asset holder: Property and additional personal assets.
  • Superannuation balance: $133,840.

• Wife:

  • Income approximately $152,000 per annum.
  • Positioned predominantly with superannuation assets.
  • Superannuation balance: $250,982.27 as at 5 October 2022.
  • Savings of $85,443.

• Property Pool:

  • Disparity in asset location: Husband holds 79% of the non-superannuation assets, while the wife holds about 65% of the superannuation.

Assessment of Contributions and Future Needs

• Contributions:

  • Financial contributions overall favoured the wife (she built up far more superannuation and savings): a 5% adjustment to her.
  • Non-financial contributions to the property favoured the husband: a 2.5% adjustment to him.

• Future Needs Adjustments:

  • Age difference favours the husband, who is likely to retire first: a 2.5% adjustment to him. Both earn similar incomes.
  • The adjustments cancel out, and the court equalised both the superannuation and the non-superannuation assets.

• Final Division:

  • The husband pays the wife $259,237 by 1 May 2023 (or the property is sold), and the wife's superannuation is split to the husband with a base amount of $43,931.

Unique Aspects

• The parties kept their finances largely separate and recorded their contributions to the property in a spreadsheet.
• The court used a two-pool approach. The wife cannot reach her superannuation for about 23 years, so equalising the non-superannuation assets gave her a fair chance to rehouse herself, as the husband could.

The law since this decision

This case was decided before 10 June 2025. From that date the Family Law Act 1975 (Cth) sets out the steps for a property settlement in s 79(3) to (5), and the court must consider the effect of family violence on each party's contributions (s 79(4)(ca)) and on their current and future circumstances (s 79(5)(a)), and any material wastage of property (s 79(5)(d)). In Western Australia, a property case between married couples is decided under that Act in the Family Court of Western Australia. A case between de facto partners in Western Australia is decided under the Family Court Act 1997 (WA), which has not adopted those 2025 changes.