Case Law

Wallis v Manning [2017] FLC93-759 – a detailed consideration of contributions and a well-set out precis of prior similar cases and their outcomes.

This case involved a long marriage, three children all adults at the time of the hearing, and an asset pool to which the husband had contributed two properties by way of gift from his father in the first 3 years of the marriage. Despite the length of the marriage and the significant contributions of the wife as a homemaker and parent, and also having worked, significant weight was given to the husband’s contributions, which were assessed overall at 57.5% as against the wife’s contributions which were assessed at 42.5%. The wife was awarded 7.5% for her future needs, resulting in an equal division of the assets of the parties.

Reading the many cases cited by the judges in their decision, it is clear that despite a long marriage and the birth and care of one or more children, a significant financial contribution by or on behalf of one of the parties early in a relationship will be give significant weight by a court when determining the division of the assets between the parties when the relationship breaks down.

Associations

  • The Law sociaty of NSW
  • Doyles - Family Law 2020
  • Family Law Section - Law Council of Australia - Member 2019/2020
  • Collaborative Professionals (NSW) inc

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