Terminal Illness and Splitting Assets

In family law, dividing assets between a separating couple can require a court to consider the future needs of each of the parties.

In the case of Lawrie v Lawrie (1981) FLC 91-102 where the husband had cancer, the court held the view that where it is established that the future financial needs of a party will terminate upon the happening of a definite future event, it is proper to take that into account.

This can include things such as inheritance, but also diagnoses of terminal illness and may impact on the final proportion of the assets allocated to each party.

In the recent case of Fontana v Fontana [2016] FamCAFC 11, the court arguably confirmed that it was relevant to consider the husband’s renal failure and uncertainty regarding getting a transplant as a factor affecting his financial needs in the future.

If you think this matter may be relevant to you, or would like to know more about other family law matters in Perth, we recommend you seek legal advice from one of our experienced family law solicitors. We invite you to discuss your particular situation with our Legal Practitioner Director, Ms. Shannon Bodeker, whom is very experience in the area of family law.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment.

Please note this is not family law advice. It is important to seek specific family law advice. We are very experienced Perth family law solicitors and can provide you with the very best legal advice regarding division of assets.

Email our Legal Practitioner Director Shannon Bodeker at info@bodekers.com.au now for your complimentary pre-read and your first appointment at a reduced rate.