Franklyn & Franklyn [2023] FedCFamC2F 353

Franklyn & Franklyn [2023] FedCFamC2F 353

Relationship Details

• Type: Marriage
• Duration: Cohabitation from early 2014 to late 2017, Separating on 30 October 2017.
• Ages at Judgment: Husband 56, Wife 51

Children

• One child from the relationship, Y, now about 8, who has lived with the husband since September 2021.
• The wife has a child, X, from a previous relationship, now about 15.

Initial Financial Positions

• Husband:

  • Owned properties: 'B Property' purchased for $600,000 and 'O Property' purchased for $180,000.
  • Farming equipment lent to him by his mother.
  • Operated an overdraft account with L Bank.
  • Owned 'EE Property', later sold in 2013 for $275,000.

• Wife:

  • Owned a property in Suburb CC, purchased for $440,000 with a $352,000 mortgage.
  • Superannuation of $53,000, savings of $10,000, and an unencumbered vehicle valued at about $25,000.

Contributions During the Relationship

• Financial Contributions:

  • Wife’s financial contributions include $100,000, $53,500, and $376,000 to joint funds for property acquisitions and farm support.
  • An inheritance of $260,000 from her father's estate, received in early 2015.
  • Husband funded the initial purchase of properties 'B' and 'O'.

• Non-financial Contributions:

  • Wife managed bookkeeping, stock counts, and a significant portion of agricultural administrative tasks.
  • Husband performed farm labour; both contributed to property renovations, funded by the wife and assisted by her family.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Husband retained farming operations and income.
  • Wife used inheritance and the sale of F Town property for costs and legal fees.

• Non-financial Contributions:

  • Wife was the primary caregiver for both children until late 2021.
  • Husband has since become the primary caregiver for Y.

Current Financial Position & Property Pool

• Assets:

  • C Property: Valued at $700,000
  • B Property: Valued at $1,450,000
  • O Property: Valued at $380,000
  • Vehicles and Equipment: Various values.

• Total Property Pool:

  • About $2,262,898 net, of which the husband was to receive $1,244,594 and the wife $1,018,304.

Assessment of Contributions and Future Needs

• Contributions:

  • Husband's contributions are regarded to be 58%; wife's at 42%.

• Future Needs Adjustments:

  • Adjusted in wife's favour by 3% considering her health, caregiving responsibilities, earning capacity, and husband's access to income sources.

• Final Division:

  • The division was established at 55% for the husband and 45% for the wife.

Unique Aspects

• Issues of non-disclosure by the husband, affecting transparency.
• Disputes over retained income from farm operations by the husband and use of insurance claims by the wife.
• Complex financial arrangements and purchases during the relationship, impacting contribution assessments.

Conclusion

This case highlights the intricate details involved in financial settlements post-separation, showing a balanced consideration of financial and non-financial contributions, future needs, and current earnings and assets. The final division maintains equity principles, distributing significant assets and liabilities between the parties with options contingent on compliance with court orders.

Appeal

This decision is a rehearing. The wife appealed the first final orders of 26 March 2021. In Franklyn & Franklyn [2021] FamCAFC 112 (9 July 2021) the Full Court allowed the appeal in part: the parenting orders stood, but the property orders (orders 24 to 32) were set aside and the property case was sent back for rehearing, which produced this decision.

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.