Event and Time
Event Description
Mr. Emmeran and Ms. Emmeran commenced cohabitation in 2001, married in 2002, and ceased living together in March 2020, though they did not view their marriage as over until later that year. Their relationship issues culminated in competing applications for a property settlement, with each party asserting differing claims regarding their financial shares.
Application and Claims
- Husband's Claims:
- Seeks $309,705 from the Wife, claiming he should retain 60% of the value of non-superannuation assets. - Requests a split from the Wife's superannuation amounting to $44,025, maintaining a 60% stake in superannuation.
- Wife's Claims:
- Proposes to pay the Husband $239,920.50, ensuring both parties retain equal shares of non-superannuation assets. - Opposes any alterations to the superannuation interests.
Judicial Decisions
- The court ruled that the Wife must pay to the Husband's solicitors the sum of $294,916 by December 2, 2022.
- The terms include the transfer of the Husband's property interest to the Wife and financial adjustments related to the parties’ joint debts and superannuation entitlements.
Dispute Points and Legal Basis
Dispute Points
- Financial Contributions:
- The Husband argues for a larger share owing to his significant financial support during the relationship, including support for the Wife’s children from a previous marriage. - The Wife counters that her contributions and earnings justify an equal property distribution.
- Legal Fees Add-back:
- The Husband seeks to add the Wife's paid legal fees to the property pool for distribution, arguing that failing to do so unfairly penalizes him. - The Wife disputes this, maintaining that each party is to bear their own legal costs.