An Australian man has been forced to remove his parents’ ashes from a memorial garden built after the home was awarded to his wife as part of a divorce settlement. 

An Australian man has been forced to remove his parents’ ashes from a memorial garden built after the home was awarded to his wife as part of a divorce settlement. The individual, known only as ‘Mr Moss’, was given 14 days to remove the headstones and urns as well as a bronze bust of his father.

Reports suggest both husband and wife desperately wanted to keep the property following their split in August 2010.  Both had plans for the home: Mrs Moss wanted to turn it into a hospitality business whereas Mr Moss planned to return the property to a working farm.  When deciding to award the property to Mrs Moss the court looked at a number of factors including the fact she had not worked since 1994 and that she would be unable to afford a similar property in the area.  The court doubted Mr Moss’s plans for a working farm could be successful. 

Divorce law in England sets out a list of factors the courts must consider when making a financial settlement.  Those include both parties’ earning capacity and their need to rehouse, as in the above case, as well as other factors.  Orders may be made not only in relation to the family home but also all other assets, whether in joint or sole names.  Divorce advice should be taken as soon as possible to establish the factors that may be most relevant in your case and the options for your divorce settlement.

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