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Cash Contributions Are Recognised for Property Orders – Only If You Can Prove it!

A recent case of Farina & Naima involved parents who were in a long-distance relationship and lived financially independent of each other even though the father states otherwise.

The couple met online in 2008 and the mother flew over to Africa in May that year to meet the father. When she flew back home to Australia she realized she was pregnant, their child was born in 2009. The father visited sporadically (only 9 times for periods between 15 days – 5 months at a time) from 2009 to 2014. The couple eventually split up in March 2014.

The father made an application in Court to seek property orders since the mother had acquired a home and started and sold a successful business during the relationship. The father stated that he had provided substantial financial support throughout their relationship, saying he gave her large amounts of cash each time he visited her and their daughter. He stated that he gave her over $100,000 cash during their relationship to help with the child, set up the home and business.

The father claimed that his financial contributions entitled him to 50% of the worth of the matrimonial home, 50% of the mother’s proceeds from the sale of her business and 50% of her superannuation. However, even though financial contributions during relationships are considered – the Court in this case had no obligation to. This was because the father had no proof or evidence to support that he actually gave any cash to the mother at any of the occasions he mentions.

 

He did not provide any bank statements showing withdrawals, he had no receipts, or any correspondence relating to giving the mother cash. There was nothing to support his claim that he gave her any money. The judge couldn’t accept his claims that he financially contributed to the mother’s assets without any proof.

The mother on the other hand denied that he gave her cash at any time and she provided an abundance of evidence proving that she was indeed financially independent of him. She showed bank statements, payslips, loans, receipts – anything to show that she never received amounts of cash and that she had no support from him in purchasing the home or starting the business. Granted she loaned $350,000 from her dad she paid him back and built her home and business all on her own, and she had the evidence to prove it.

The judge dismissed the father’s application for property orders because he didn’t have any proof of his “cash” contributions.

Please note this is not legal advice, if you have any questions regarding financial contributions or property matters please contact us on 8999 1800.

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