Famous and Interesting Family Law Cases

The Family Law Act 1975 (Cth) is the main law on matters involving divorce, property settlement after marriage breakdown or de facto relationship breakdown, spouse maintenance for a party to a marriage, de facto partner maintenance for a party to a de facto relationship that has broken down and issues relating to parenting arrangements after separation.

However, new cases arise every day changing the view of family law. Today, we will discuss about some interesting family law cases.

A Case about Wasting Matrimonial Assets

Kowaliw and Kowaliw (1981) FLC 91-092

This case considers the issue of taking waste, destruction, or the dissipation of assets into account in a property settlement matter.

The general principle established by the Judge in this matter is that, financial losses incurred by parties or either of them in the course of a marriage, whether such losses are as a result from one of the parties or both of them together, should be shared by them (although not necessarily equally).

The exception to this principle applies in circumstances where:

• One of the parties has embarked upon a course of conduct designed to reduce or minimise the effective value or worth of matrimonial assets, or
• One of the parties has acted recklessly or negligently with the matrimonial assets causing the assets to reduce or minimise in value.

A Case about the Value of Matrimonial Home

Descas and Descas [2013] FMCAFam 69

This case about an application for property orders arising out of a 19 years marriage may not be as well-known as the other family law cases, but it is no doubt an interesting one.

The wife in this matter tried to argue that the matrimonial property was haunted. This had a detrimental effect on the home’s value. The wife deposed to the fact the haunting was confined only to the room in which she sleeps and continued to say that she currently did not feel the presence of a ghost.

The Magistrate findings was that the wife’s asserting of the haunting was unbelievable and was satisfied the wife had fabricated the claim for an ulterior purpose such that it is an attempt to influence the valuer to return a low valuation of the former matrimonial home for her benefit of retaining it.

If you would like to have a Binding Financial Agreement, Child Support Agreement or Consent Orders drafted or find out more about your rights and options, Straits Lawyers are here to help. Simply send us an email at info@straitslawyers.com or give us a call on 8410 9069 to arrange an appointment for an online interview.

Please note that this article does not constitute legal advice and Straits Lawyers will not be legally responsible for any actions you take based on this article.