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Why 30-70 with same contribution? #property dispute #divorce

Jiming Dong
2023-06-29
  • Family law

Background

A couple has been married for 8 years. They have one child of the marriage. At the beginning of their relationship, the husband possessed assets worth $1.5 million, which included two grazing properties. In contrast, the wife had a relatively modest sum of $195,000.

Throughout their time together, the husband made substantial financial contributions, while the wife took on the primary role of caring for their child. Additionally, she made noteworthy non-financial contributions to the husband's farm, involving shearing and farming duties.

Upon separation, the total net value of their combined assets amounted to $3,634,582.

Dispute and result

The court determined that both parties had contributed to the best of their abilities and had made equal contributions. However, the trial judge, in a decision that proved controversial, awarded only a 22% increase in asset value to the wife, while the husband received the remaining 78%.

In response to this outcome, the wife decided to appeal, arguing that the division of assets did not align with the court's finding of equal contribution during their relationship. Unfortunately, her appeal was dismissed.

The above case shouldn't be blindly applied, as the court has arrived at opposite outcomes in similar cases. See 50-50 Does it matter who makes the money? # Property dispute # Divorce

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