$120k for living next to a criminal

IT is definitely no garden variety divorce and even the judge labelled it "bitterly fought".

The marriage of two childhood sweethearts unravelled when they had the "misfortune" of living next door to one of Australia's most notorious criminals.

The identity of the criminal involved was not revealed in the recent Federal Circuit Court property judgment where he was known as "Mr J".

But Judge Philip Burchardt said "stress and anxiety" over having "Mr J" as a neighbour in 2002 was enough to earn the couple a $120,000 compensation payout.

"The family home was used for surveillance by the police which became known to 'Mr J' who then made death threats," Judge Burchardt said.

"In the ultimate in 2004 the parties received $120,000 as a result of an action brought by them against the Victorian Government based on these events.

"Scarcely surprisingly, they had to move from the home."

Following the payout, the couple's troubled marriage broke up, and the wife lapsed into alcohol abuse while looking after their three school-age children.

"The husband asserted that the wife's difficulties became significant in 1999 whereas the wife said that she fell into difficulties in 2002, not least because of stress associated with 'Mr J' and the death of one of her parents," Judge Burchardt said.

"This is a bitterly fought property dispute.

"That agreement has not been reached is not surprising when you consider the positions of the parties."

Judge Burchardt ruled in favour of giving the wife a 62.5/27.5 split of their property after hearing of her stints in rehab.

She spent 28 days in rehab for alcohol abuse in 2002, with her most recent stay this year.

"Absent the wife's alcohol related difficulties this would be a classic 50/50 case," he said.

"The parties co-mingled their finances it would appear from their late teens at the latest and were in a relationship for 30 years.

"Their fortunes waxed and waned as people's do. The husband certainly worked very hard and he, for many years, undertook a second job.

"He has plainly committed himself in the most commendable way to his family's future.

"Likewise, the wife, as the family consultant recorded, looked after the home, brought up the children and worked as best she was able throughout."

View the original article here