SHORTLY after their marriage, Amy and Robert build their family home on a property owned by Robert’s father.

Amy and Robert have two children together but unfortunately, after a 15-year marriage, their relationship breaks-down.

The parties are unable to reach agreement in relation to property settlement and Amy commences action in the Family Court.

Robert’s father passes-away before any orders are made and Robert’s inheritance becomes another issue of dispute.

Robert’s inheritance is calculated at $1.5 million.

Robert agrees that the current value of the family home, being $500,000 was held on trust by his father’s estate and should be shared equally with Amy.

However, Robert argues that the remaining balance of his inheritance should not form part of the matrimonial pool.

The parties ultimately agree that Robert’s time and energy spent as the breadwinner was balanced by Amy’s time and energy spent in caring for the children and the household and that during the course of their marriage, they each made equal contributions, save for Robert’s inheritance.

The Court rules that the inheritance cannot be viewed as a contribution made solely by Robert in circumstances where the parties had relied on his inheritance when choosing to live on the property.

The Court also does not accept Robert’s submission, that his inheritance should be quarantined from the pool.

The total value of the matrimonial pool of assets is therefore assessed at $4.5 million.

When considering the future needs of the parties, the Court notes that Amy had recently been able to obtain employment providing her with a healthy salary package and rules that there should be no further adjustment on the basis that these factors did not favour any particular party.

The orders finally made by the Court are that Robert receives 58 per cent of the matrimonial pool and Amy receives 42 per cent on the basis that the whole of Robert’s inheritance is included in the pool.

Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.