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Relevance of Special Needs Children to Property Settlement: Daymond v Daymond [2014] FamCAFC 212

This case involved an appeal by the husband against a property settlement order in a case where the parties had two children, one of whom had Asperger’s Syndrome.

The trial judge determined that the wife’s contributions as homemaker and parent significantly exceeded those of the husband, and that the wife’s role was exacerbated by the requirement for her to attend to the child’s special needs. The trial judge determined that the property should be distributed in proportions of 47.5% / 52.5% in favour of the wife.

The husband appealed, contending, amongst other things, that the court failed to provide adequate reasons for the finding that the wife’s contributions were made more difficult as a result of needing to continue to provide for the child’s needs.

The Full Court dismissed the appeal, finding that there was no merit in that ground of appeal. Their Honours held:

The evidence clearly demonstrates the substantial burden placed upon the wife in caring for [the child] and particularly in the context of the husband being at work for part of each day and at the ‘pub’ for significant periods of time. Thus, we do not consider that his Honour has erred in his findings in this regard.

By Nicholes Family Lawyers

 

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