In the recent case of Fontana v Fontana (2016) it was determined that a husbands appeal against property settlement agreement orders were permitted as they failed to adequately consider his state of health as outlined under s 75(2).
In establishing the property orders, the trial judge ordered that the couple’s property be split with 43.6% to the husband and 56.4% to the wife creating a difference in assets received by the parties of $155, 400. The husband’s appeal to this outcome was founded on his health condition whereby he was subject to renal failure and required multiple dialysis treatments a week while he awaits a transplant. Consequently, the husbands appeal was successful as the trial judge failed to locate a finding in relation to life expectancy and thus the orders made by the trial judge were set aside.
Our specialist divorce lawyers can assist and advise you in relation to your property settlement agreement. Our Accredited Family Law Specialists are able to look at the circumstances of your divorce and provide de facto or marriage breakup advice as to your property settlement agreement rights and entitlements.