Rigoli Lawyers

      n the case of Grunseth & Wighton [2022] FedCFamC1A 132 (26 August 2022) an appeal was made from original orders dividing the parties’ property so the appellant (de facto wife) received 47.5 per cent and the respondent (de facto husband) received 52.5 per cent.   Background to case The appellant contended that such a finding could not be made because she contributed over half of the property to be divided. There was only a small adjustment made by the original judge under s 90SF(3) of the Family Law Act 1975 (Cth). It was a short relationship. On appeal it was found that there had been error established. Findings of family violence were open on the evidence as well. Each party sought the possession of a dog purchased by the appellant wife. Original orders were set aside so the matter could have discretion re-exercised. Orders were made to adjust the split in sale proceeds upon the sale of the property so that the de facto wife received 70% les $160,000 which the de facto husba

  Initiating application File the following documents with an Initiating Application in financial proceedings: 1. a Genuine Steps Certificate that certifies the applicant has complied with the pre-action procedures and made a genuine attempt to resolve the dispute; 2. a financial statement; 3. the Financial Questionnaire; 4. a copy of any family violence order affecting the child or a member of the child’s family under rule 2.10; 5. an affidavit in support if seeking interlocutory orders. Each party must file an Undertaking as to Disclosure before the first court date unless the court orders otherwise. This undertaking includes a statement that the party has read Parts 6.1 and 6.2 of the Rules. The form and a copy of Parts 6.1 and 6.2 of the Family Law Rules 2021 are on the matter plan. Parties need to comply with the pre-action procedures, including disclosure, before issuing proceedings. If they sign the undertaking as to disclosure at the same time as filing the application or respo