Percentage Entitlement In Family Law Case Short De-Facto Relationship

 

 
 
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 husband put towards the deposit of a property. 

Read more on our blog: https://rigolilawyers.com.au/2022/10/percentage-entitlement-in-family-law-case-short-de-facto-relationship/

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