About the case

The Australian couple in the case cohabited for 17 years before getting married in 2014 and separating two years later.

Both are 49 years old.

The wife and their three children, aged between 11 and 16, live in Singapore, while the husband lives in Australia. All of them are Australian nationals, according to court documents.

The couple started their relationship in Australia in 1996, commenced cohabitation in 1997, and married in Australia in 2014.

The husband was previously employed in the finance industry.

He relocated to Singapore in April 2014 to further pursue employment in the same sector. A month later, the wife and children also came to Singapore.

The wife and children have continued to reside in Singapore since then.

The parties separated in August 2016 when the husband vacated their former matrimonial home in Singapore. When his job contract ended in May 2018, he relocated to Australia.

The wife is self-employed as a researcher and as a director in her company incorporated in Singapore in 2016. She intends to remain here.

The wife's evidence before the Melbourne primary judge included allegations to the effect that the husband struggled with his sexuality and gender identity as well as his mental health, which resulted in the husband threatening to kill the wife or himself on several occasions and with him ultimately being hospitalised.

Most of these allegations were put in dispute on the husband's evidence, noted the Australian appeal court.

It is understood that Singapore courts do not recognise cohabitation as part of the period of marriage for the purpose of matrimonial assets division, whereas Australian courts do.