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Some spousal financial fights are worth the battle

Family Law: 22 March 2019

The recent case of Parke highlights the necessity to run  some cases to judgment rather than be bullied into an unfair settlement.

In Parke, a wife demanded 35% of a $1,400,000 asset pool. The marriage was of 6 years duration. There were no children. The wife made minimal financial contributions but sought an adjustment in her favour based on her non financial contributions, her substantially lower earning capacity and the husband's commitment to support her.

The wife also wanted an Order that the Husband pay her  weekly  maintenance. The wife had spent 3 of the 6 years of the marriage in the Philippines. The Court assessed her contributions at 2.5% and added 7.5% for her future needs, a total of 10% of the asset pool - $350,000 less than the wife's demand!

The Court dismissed the Wife's claim for spousal maintenance.

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