Description

CASE: Anaya & Anaya [2019] FCCA 1048

After 46 years of marriage, Mr & Mrs Anaya decided to call it quits. They divorced when they were both in their 80s.

What caused the separation may be considered to be a simple financial transaction or the straw that broke the camel's back.

There was a lot to consider when deciding how to divide the matrimonial assets, including:

• Whether to include a significant inheritance the wife had received earlier in the relationship;
• What weight to give to the husband's financial support to the wife's three children;
• How to treat significant financial losses when the wife was scammed TWICE post-separation; and
• What would be an appropriate settlement after the husband died in the middle of the proceedings.

It as a sad and acrimonious end to a lengthy relationship and serves as an example of the careful balancing act required of the Family Law Courts.