Demas & Demas [2023] FedCFamC2F 273

Demas & Demas [2023] FedCFamC2F 273

Relationship Details

• Type: Marriage
• Duration: Approximately 18-20 years. The parties disputed whether they began living together in 2001 or 2004; the court found a relationship from at least mid-2003 until they separated in January 2021.
• Ages of Parties at Judgment: Husband and Wife are in their late 50s.

Children

• No children of the relationship are mentioned. The wife has an adult daughter.

Initial Financial Positions

• Husband:
  • Owned the former matrimonial home, with equity, before the relationship.
  • Owned F Street, Town G property with a small deposit and borrowed funds.
  • Engaged in a farming business, though the initial value at the start of the relationship is unclear.
• Wife:
  • Contributed the proceeds from the sale of her Suburb X property.

Contributions During the Relationship

• Financial Contributions:

  • Both parties worked throughout the relationship contributing their income for mutual benefit.
  • Husband brought the equity in the former matrimonial home, F Street, Town G property, and the business.
  • Wife contributed to the improvement of the former matrimonial home through the proceeds from the sale of her property.

• Non-Financial Contributions:

  • Wife primarily contributed to homemaking and presumably managing family life.
  • Husband primarily managed and engaged with the business operations.

Post-Separation Contributions and Actions

• Financial Contributions:

  • No specific post-separation financial contributions detailed.

• Non-Financial Contributions:

  • No specific post-separation non-financial contributions detailed.

• Dissipation of Assets:

  • Dispute regarding retention of sale proceeds from a jointly-owned camper, ultimately accounted for in the Bank Q account.

Current Financial Position & Property Pool

• Current Assets:
  • Total net non-superannuation pool valued at approximately $2,759,790.
  • Husband’s assets include the former matrimonial home valued at $770,000 and substantial savings.
  • Wife’s assets include an interest in the B Street, Town C property.

Assessment of Contributions and Future Needs

• Contributions: Treated as equal. The husband's initial home, Town G property and business were counter-balanced by the wife's contribution of her Suburb X sale proceeds and her contributions to the home's value.
• Future Needs Adjustments:
  • An adjustment of $20,000 (just under 1% of the $2,759,790 non-superannuation pool) was made in the Wife's favour, because the husband kept the comfort of the home while her housing was disrupted after separation. No other adjustment was made, and the claims of waste by each party were rejected.
  • Superannuation interests were equalised by consent.

Unique Aspects

• The judgment involved complexities such as initially contested inclusion of the Wife's inheritance and the handling of post-separation asset sales.
• Both parties wanted the former home. The Husband may keep it (agreed value $770,000, no mortgage) if he obtains finance and pays out the Wife within 45 days; the other Town C property is to be sold.

Summary

• A balanced evaluation of contributions led to a nearly equal division of acquired property and assets, closely maintaining equity in their distribution post-separation, accounting for some specific adjustments for future needs largely beneficial to the Wife due to housing requirements. The distribution allows each party to retain over $1,000,000 in non-superannuation assets and ensures equalisation of superannuation interests.

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.