Xinyi & Qiu [2022] FedCFamC2F 1715

Xinyi & Qiu [2022] FedCFamC2F 1715

Background Details

• Relationship Type: Marriage
• Duration: Married in 1998, separated on 27 July 2019. Total of approximately 21 years.
• Ages at Judgment: Husband 49, Wife 47

Children

• Children from Relationship: One child, born in 2005 (aged 17)
• Special Needs or Circumstances: The Wife has been the primary caregiver for the child from birth.

Initial Financial Positions

• Both Parties:
  • Entered the marriage without significant property or assets.

Contributions During the Relationship

• Financial Contributions:

  • The Husband worked full-time, contributing his earnings to buy several properties and to the home loans.
  • The Wife worked in various employment positions, contributing income to family expenses and paid approximately $80,000 as a deposit for the B Street, Suburb C property.

• Non-financial Contributions:

  • The Wife was the primary caregiver of the child, a very significant contribution according to the Court.

Post-Separation Contributions and Actions

• Financial Contributions:

  • The Wife continued to meet some expenses for one of the properties post-separation.

• Non-financial Contributions:

  • Continued care for the child, maintaining primary caregiver responsibilities.

• Purchases, Sales, and Dissipation:

  • The Husband failed to give proper financial disclosure. The court accepted that he sent about $10,000 to one woman for her business and about $32,000 to another woman overseas, and failed to account for about $48,182 from his sale of the R Street, Suburb S property this year. These were taken into account under s 75(2)(o).

Current Financial Position & Property Pool

• Net Asset Pool: Total value $3,598,251

• Wife's Assets:

  • CBA account: $25,675
  • Superannuation: $26,311
  • Motor Vehicle 2: $45,900

• Husband's Assets:

  • Westpac Choice Account: $4,589
  • Value of Motor Vehicle 3 undetermined

Assessment of Contributions and Future Needs

• Contributions:

  • Both parties’ contributions to non-superannuation and superannuation assets assessed as equal (50/50).

• Future Needs Adjustments:

  • Adjustment in favour of the Wife of 5% ($179,912) under s 75(2), giving her 55% of the net asset pool. The court took into account her continuing care of the child (and the unlikelihood of child support), the parties' health and work capacity, and the Husband's non-disclosure and unexplained payments. The Wife had sought 10%.

• Final Division:

  • 55% to the Wife and 45% to the Husband, equating to $1,979,038 for the Wife and $1,619,212 for the Husband, achieved by selling some of the properties.

Unique Aspects

• The husband declined to articulate his desired property settlement, merely requesting the Court follow Australian family law, indicating dissatisfaction with the legal process and financial disclosures during proceedings.
• An apprehended violence order against the Husband was in place, so he could not cross-examine the Wife in person. The court declined to make any adjustment for the family violence the Wife alleged.
• The Husband's claims that his health limited his work were not supported by current medical evidence.
• The Husband has a small apartment overseas of unknown value. There was no evidence it was bought during the relationship.

Main Takeaways

• Contributions were assessed as equal, then adjusted by 5% for the Wife's future needs and the Husband's financial conduct.
• The Court took the Husband's lack of disclosure and unexplained payments into account under s 75(2)(o).
• The settlement reflects a thorough examination of both parties' future needs against their contributions and circumstances.

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.