Darcey & Paine [2023] FedCFamC2F 305

Darcey & Paine [2023] FedCFamC2F 305

Relationship Details

• Type: Marriage
• Duration: The parties began cohabitating in 1999, married in 2016, and officially separated in November 2018, about 19 years together in all and 2 years of marriage.
• Ages at Judgment: Wife: 43 years, Husband: 44 years.

Children

• Children from the Relationship: Two adult children, aged 23 and 21.
• Special Circumstances: The wife has re-partnered (a de facto relationship) and has a young child with her new partner.

Initial Financial Positions

• Wife:

  • Modest assets: a fully-furnished home, a vehicle and modest savings, with a combined value she estimated at $8,000.
  • No significant liabilities or credit card debts at the start of the relationship.

• Husband:

  • No significant assets, vehicle, or furniture at the relationship's commencement.

Contributions During the Relationship

• Financial Contributions:

  • Both worked full-time, with the wife contributing until maternity leave. The husband was employed full-time with different employers for 12 years and then changed employment.

• Non-financial Contributions:

  • The wife emphasised domestic roles and primary caregiver duties.

• Specific Incidences:

  • The wife carried the burden of financial management, especially as the husband became involved with illicit drugs, which led to his loss of employment.

Post-Separation Contributions and Actions

• Financial Contributions:

  • The wife managed liabilities including discharging a debt consolidation loan of $25,000.
  • No financial contributions from the husband post-separation.

• Non-financial Contributions:

  • Continued to shoulder the majority of care for the children before they moved in with the husband.

• Dissipation of Assets:

  • The wife repaired damage to the B Street property that she said the adult children caused deliberately.

Current Financial Position & Property Pool

• Wife:

  • Part-time worker earning $715.05 gross weekly.
  • Total net asset pool excluding superannuation: approximately $104,819.

• Net Asset Pool Components:

  • Gross asset pool valued at approximately $344,000.
  • Gross liabilities amounting to $239,181.

Assessment of Contributions and Future Needs

• Contributions Assessment:

  • The wife's contributions assessed significantly higher due to her initial assets, part-time employment post-separation, and debt management.
  • Dedication to child-rearing and managing household financially and emotionally without assistance.

• Future Needs Adjustments:

  • The wife's needs were weighed, including her care of a young child, her part-time work, and her new partner's income.

• Final Division:

  • The wife was awarded 81% of the net non-superannuation asset pool, resulting in a division of assets favouring the wife significantly over the husband, considering contributions and future needs. The wife keeps the B Street property (taking over the husband's interest) and each party keeps their own superannuation.

Unique Aspects

• The case proceeded on an undefended basis due to the husband's lack of participation.
• Significant delays were endured due to procedural issues in serving the husband.
• The wife contributed significantly toward maintaining the former matrimonial home and discharging liabilities, which heavily influenced the Court's judgment.

Conclusion

• The Court found that an asset division reflecting 81% to the wife aligns with the contributions and needs presented, acknowledging the unique challenges and financial burdens she faced during and post-relationship.

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.