Seward & Seward [2023] FedCFamC2F 1578

Seward & Seward [2023] FedCFamC2F 1578

Relationship Details

• Type: Marriage
• Duration: The parties began living together in 1988, married in 1989 and separated in January 2021; the court described it as a 33-year marriage.
• Ages at Judgment: Husband: 61, Wife: 62

Children

• Children from Relationship: Two children, now adults aged 30 and 29.

Initial Financial Positions

• Wife:

  • Savings of $25,000
  • Motor Vehicle valued at $5,000

• Husband:

  • Owned three properties, all bought in 1988:
    • DD Street, purchased for $25,000
    • FF Street, purchased for $10,000
    • BB Street, purchased for $82,000 (encumbered by a $57,000 mortgage)
  • Interest in HH Company, which was later sold for $50,000 in 1991.

Contributions During the Relationship

• Financial Contributions:

  • Wife contributed $20,000 towards the mortgage on the BB Street property and $5,000 on furniture.
  • Husband introduced properties and a business to the relationship with equity valued approximately at $110,000.
  • Compensation received by Husband from workplace injuries totalling $223,000, which was used for property construction and purchase.

• Non-financial Contributions:

  • Wife as primary homemaker and child carer, especially during Husband's injuries.
  • Husband's contribution included construction work on properties and developing business ventures.

Post-Separation Contributions and Actions

• Financial Contributions:

  • Husband continued covering all property-related expenses and debts.

• Non-financial Contributions:

  • Both parties continued to earn income and manage their respective business interests post-separation.

Current Financial Position & Property Pool

• Current Income:

  • Husband: $69,000 per annum
  • Wife: Income varied but was approximately $18,200 to $19,626 per annum in previous years.

• Assets and Debts:

  • Property values and business interests could not be fully determined until sale; mortgage on Town C property secured debts of $383,893.

Assessment of Contributions and Future Needs

• Contributions:

  • Assessed as 53% to the husband and 47% to the wife, considering his initial contributions and injury compensation.

• Future Needs Adjustments:

  • Considered health and earning capacities; the wife’s inferior income warranted a 2% adjustment in her favour, although she had not sought one.

• Final Division:

  • Husband 51% / Wife 49% of the net non-superannuation assets (assumed at $1,420,000 once the properties and company are sold), resulting in a differential of $28,400. Superannuation divided equally.

Unique Aspects

• The extensive duration of marriage with varied contributions, including notable non-financial contributions by the Wife in supporting the family and managing homemaking responsibilities.
• The Husband's injuries and subsequent compensation award significant weight in financial assessment.
• The decision demonstrates thorough balancing of both parties' initial and ongoing contributions, and respective needs post-relationship.

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.