Famous and Interesting Family Law Cases – Part 2

In our last article, we talked about the Family Law Act 1975 (Cth) being the main law governing family law matters and provided some information on a case about wasting matrimonial assets and a case about the value of the matrimonial home.

New family law cases arise every day and the facts of each individual case is different. Today, we will continue to talk about other famous and interesting cases.

A Case about Lottery Wins

Farmer and Bramley (2000) FLC 93-060

Lottery wins can be treated as a contribution by the person who purchased the ticket provided that the timing of the wins is relevant.

The parties in this case lived together for 12 years and had one child from the relationship, had no assets of any value when they separated. During the early part of their relationship, the husband suffered from drug related problems and the wife supported him financially and emotionally throughout his addiction. The wife also financially supported him while he was studying and assisted him with his literacy skills, and he eventually was able to obtain full-time gainful employment.

After separation, their child lived primarily with the wife and had irregular contact with the husband. About 18 months after the parties separated and before they had had a property settlement, the husband won approximately $5 million from a lottery ticket he bought. The wife made an application for a property settlement shortly thereafter. To reduce his child support liability, he gambled over $100,000 and claimed that his mum was the person who won the lottery instead.

Due to the contributions of the wife (financial and non-financial) during the relationship, the disparity in the post-separation financial circumstances of the parties and the ongoing care of the child by the wife without any financial and practical support from the husband. The Judge in this case held that the post-separation lottery win was available for distribution between the parties.

A Case about Disclosure

In the Marriage of Weir (1992) 16 Fam LR 154

The wife appeals the orders in proceedings for a property settlement against the husband on the basis of non-disclosure.

The appeal was allowed on the basis that a part to property proceedings has a duty to make full disclosure of his or her financial affairs. If there is clear evidence of non-disclosure, the Court should not be unduly cautious about making findings in favour of the innocent party.

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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.