A Perth de facto couple: his head start was worth 5% after 17 years

Mr Baren and Ms Jiles began living together in 1998 and never married. They had three children. When they moved in together he owned assets worth about $290,000, and she had nothing of any significance. In 2013 the family migrated to Perth and sold their home overseas. In February 2014 they bought a house in her name, without a mortgage. They separated in 2015.

Both represented themselves at trial. He wanted $103,800 paid to his father out of the house sale for money he said his father had lent them, and 60% of the rest. She said nothing was owed and asked for an equal split.

Justice Duncanson worked through the bank statements. The father had lent $90,330 and $65,000 had been repaid, leaving $5,330 owed by both of them once money he spent after separation was counted. What he borrowed back from his father after separation, for his own living costs and legal fees, was his debt alone and stayed off the balance sheet. That left a net pool of $596,670, almost all of it the $560,000 house.

During the relationship he had been the main earner and she the main carer of the children. The judge found both "worked hard in their respective spheres", and both parties agreed their contributions in that time were equal. The difference was his head start, so contributions were assessed at 55% to him and 45% to her. Looking ahead, their incomes were now similar. Their youngest now lived with him, but he also had the larger pension and super, and his debt to his father did not justify an adjustment. Taking it all together, none was made.

On the balance sheet he is entitled to $328,168 and she to $268,502. The house is sold, $5,330 goes to his father, and the rest is divided to give that result, with the final amounts depending on the sale price. Each kept their own super and pensions. Because they were a WA de facto couple, the case was decided under s 205ZG of the Family Court Act 1997 (WA).