Mansour & Kaleel (No 2) [2024] FedCFamC2F 107

Mansour & Kaleel (No 2) [2024] FedCFamC2F 107

Relationship Details

• Type: Marriage
• Duration: Met in 2019, commenced living together the same year, married in 2019, and separated in October 2021. Total relationship duration was a little over 2 years.
• Ages at Judgment: Husband aged 64 years, Wife aged 48 years.

Children

• Children from the Relationship: None
• Children from Previous Relationships: The wife has a 14-year-old child with complex medical issues.

Initial Financial Positions

• Husband:

  • Net assets around $808,500.
  • Sold property at Suburb Y for $870,000, receiving net proceeds of $150,000.
  • Superannuation balance at cohabitation around $250,000.
  • Intended purchase of another property failed, leading to a loss of $83,500.

• Wife:

  • Net assets around $2,618,287, including property and superannuation.
  • Previously purchased property at T Street, Suburb U, before cohabitation.
  • Superannuation value at about $60,000.

Contributions During the Relationship

• Financial Contributions:

  • Purchase of G Street, Suburb H property using the wife's $675,122 and husband's $120,000.
  • Husband solely paid mortgage and renovation costs for Suburb H property.
  • The wife carried out some painting work on the property before its sale.

• Non-financial Contributions:

  • Husband carried out significant renovation work on the Suburb H property, about 30 hours a week from mid-2020 to early 2021.
  • Wife cared for her child from a previous relationship.

Post-Separation Contributions and Actions

• Husband:

  • Continued professional employment; experience of increased health challenges.

• Wife:

  • Provided significant care for her child.

Current Financial Position & Property Pool

• Husband:

  • Total average income approximately $169,156 per annum.
  • Net assets including debts reflective of prior obligations and current needs.

• Wife:

  • Casual employment income and additional financial support from parents.
  • Net assets including ownership in multiple properties.

• Property Pool:

  • Combined net non-superannuation assets totalled $2,354,978.
  • Combined superannuation assets totalled $114,441.
  • Total asset net pool: $2,469,419, with unclear future financial contributions due to health and employment.

Assessment of Contributions and Future Needs

• Contributions:

  • Husband's contributions assessed at 10% of the net non-superannuation assets.
  • Wife's contributions assessed at 90% of the net non-superannuation assets.
  • Each party kept their own superannuation.

• Future Needs Considerations:

  • Husband's imminent retirement and potential health needs versus wife’s ongoing care commitments for her child.
  • Each party sought a 5% adjustment; the court made no adjustment in favour of either party.

• Final Division:

  • Wife to pay the husband $294,620 within 10 weeks (his 10% share of $235,497 plus $59,123 to cover his net debts), failing which the Suburb C property was to be sold.

Unique Aspects or Unusual Aspects

• The court set aside both financial agreements (late 2019 and mid-2020) under s 90K, finding each voidable for undue influence and unconscionable conduct by the wife.
• High degree of emotional pressure related to prenuptial agreements, impacting decisions while under duress.
• Resolution achieved acknowledging contributions and future necessities without penalising either party with direct asset liquidation, except as necessary due to failing settlements.

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.