Gao & Yin [2023] FedCFamC2F 523

Gao & Yin [2023] FedCFamC2F 523

Background Details

• Relationship Type: Marriage
• Duration: Married in 1980, separated 2016/2017, divorced in 2018. Total of approximately 36-37 years.
• Ages at Judgment: Husband 73 years old, Wife 67 years old.

Children

• Child from Relationship: One adult daughter, born in 1986.

Initial Financial Positions

• Husband:

  • Had substantial savings at the start of the marriage, used to buy the Region J property in Country F in 1982.
  • The Region J property was sold in 1991 and the proceeds went into the family funds.
  • Worked full-time in sales and as a manager with P Ltd.
  • Had substantial savings and investments used to purchase family assets.

• Wife:

  • Previously employed full-time in the import/export industry.
  • Later worked in a factory and limited involvement in family Business.
  • Held savings accounts in Country F.

Contributions During the Relationship

• Financial Contributions:

  • Husband purchased Region J property and later, proceeds were used as part of the family financial base.
  • Husband's savings used to purchase Suburb C and Country F properties.
  • Husband maintained financial contributions, including travel funds to see family post-migration.

• Non-financial Contributions:

  • Wife was homemaker and primary caregiver for the daughter.
  • Responsible for maintaining and renovating Suburb C property after their migration.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Between 1997 and 2017, while living apart in different countries, the husband made lump-sum payments and other financial contributions to the wife and daughter.
  • Since retiring in 2014 he has met the costs of the Country F property.

• Non-financial Contributions:

  • Wife continued as primary homemaker for the Suburb C property and caregiver post-separation.

Current Financial Position & Property Pool

• Husband:

  • Retired, no superannuation, living off savings.
  • Seeking permanent residency in Australia.

• Wife:

  • Part-time employment income approximately $580 per week.
  • Superannuation balance of $107,596.
  • Living in Suburb C property valued at $2,150,000.

• Property Pool:

  • The parties' figures for the pool without superannuation were $3,439,809 (husband) and $3,339,430 (wife, who claimed a $100,379 debt). The court valued the net assets at $3,547,405, including the wife's superannuation.

Assessment of Contributions and Future Needs

• Contributions Assessment:

  • Husband's contributions 54%, Wife’s contributions 46%.
  • The husband's significant financial input was considered.
  • Wife acknowledged for substantial homemaking and caregiver contributions.

• Future Needs Adjustments:

  • No adjustments were made for future needs.
  • Both parties have health issues, but the court found no adverse impact on the wife’s earning capacity from the marriage.

Unique Aspects

• Long-distance marriage with limited cohabitation after migrating to Australia.
• Dispute over financial handling and entitlements due to limited documentation.
• The wife said the parties separated in 1994 and the husband said it was when he was locked out of the home in 2017. The court found they separated in about 2016/2017, when the husband applied for a divorce.

Conclusion and Final Orders

• Husband to receive 54% ($1,915,599) and Wife 46% ($1,631,806) of the net assets. The wife was to pay the husband $83,502 first, and the Country F property was to be sold and its proceeds divided 54/46.
• The wife could keep the Suburb C property by paying the husband a further $1,161,000 by 19 June 2023; otherwise it was to be sold.
• The equitable division leaves both parties with substantial funds, allowing for future self-support.

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.