Perica & Perica (No 3) [2023] FedCFamC2F 1669

Perica & Perica (No 3) [2023] FedCFamC2F 1669

Background Details

• Relationship Type: Marriage
• Duration: 16 years. The parties cohabited from 1999, married in 2003, separated in November 2015 (continuing to live under one roof until mid-2018), and divorced in late 2020.
• Ages at Judgment: The husband is 63 years old, and the wife is nearly 51 years old.

Children

• Children from the Relationship: Several children of the marriage.
• Care post-separation: The children lived with the wife in the former matrimonial home (FMH) from separation until early 2020.

Initial Financial Positions

• Husband:

  • Owned the real property and house at the start of the relationship, with an estimated value given by a real estate agent of $60,000 at the time.

• Wife:

  • Received about $5,000 from her late mother in 2013 or 2014, used for the family.

Contributions During the Relationship

• Financial Contributions:

  • The husband was the primary income earner until 2006, contributing his income to family expenses.
  • The wife was the sole income earner from 2012 until separation, using her income to benefit the family.
  • Both parties received Centrelink benefits from 2006 to 2012.
  • Inheritances: Husband received about $35,000 in around 2017, after separation, about $27,000 of it used for the children. The court found these sums did not require any adjustment.

• Non-financial Contributions:

  • Sharing of homemaking and child-rearing roles, although the wife was more involved with hands-on care when children were young.
  • The husband assisted the wife in attaining healthcare qualifications.

Post-Separation Contributions and Actions

• Financial Contributions:

  • After the husband left the FMH in 2018, the wife paid for utilities and other household expenses until the children moved out.

• Non-financial Contributions:

  • The wife continued as the primary caregiver for children post-separation but the husband still had a role, contributing to some educational needs.

Current Financial Position & Property Pool

• Assets:

  • The former matrimonial home (FMH) in Tasmania, agreed at $625,000, was ordered to be sold because neither party could show capacity to pay out the other.
  • Agreed net non-superannuation assets: $644,424.
  • The wife has an anticipated inheritance of approximately $280,000 from her late father, considered a resource.

• Superannuation:

  • Each party keeps their own superannuation; no adjustment was made (two-pool approach).

Assessment of Contributions and Future Needs

• Contributions:

  • Initial higher financial contribution from the husband bringing in FMH.
  • Both parties had similar non-financial contributions, each having experienced periods of poor mental health. Overall contributions to the non-superannuation pool were assessed at 52% to the husband and 48% to the wife.

• Future Needs Adjustments:

  • A 5% adjustment in favour of the husband for the age disparity, his medical condition and his dependence on social security, while the wife is employed.
  • A further 3% in his favour for the wife's expected inheritance from her father (agreed at about $280,000, though likely to be less).
  • Result: 60% to the husband and 40% to the wife of the net non-superannuation assets.

Decision Summary

• Division of net non-superannuation assets is concluded at 60% to the husband and 40% to the wife.
• Considerations included respective initial contributions, post-separation contributions, and future financial needs, heavily influenced by the age and health disparities between the parties, as well as the wife’s expected inheritance.

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.