Lessons from Farmer & Bramley (2000) FLC 93-060
Winning the lottery should be a life-changing moment, but what happens if you’re no longer with your partner when the windfall arrives? When it comes to lottery winnings after separation, are you entitled to keep it all, or could your ex have a claim?
The answer isn’t always straightforward in family law. One of the most talked-about cases on this issue is Farmer & Bramley (2000) FLC 93-060, where the Family Court dealt with this exact question—and the outcome may surprise you.
The Case That Shaped the Law on Lottery Winnings After Separation: Farmer & Bramley (2000)
Background
Ms Bramley and Mr Farmer were in a de facto relationship for approximately 12 years. Throughout the relationship, Ms Bramley supported Mr Farmer through significant personal and financial hardship. She helped care for his child, managed household duties, and remained by his side through his struggles with drug use and unemployment.
They separated in early 1995. By 1997, almost two years later, Mr Farmer purchased a Lotto ticket and won $5 million.
Despite having little contact after separation, Ms Bramley filed for a property settlement, claiming a share of the winnings due to her contributions during their relationship.
What the Court Decided About Lottery Winnings After Separation
The Family Court awarded her $750,000, not because she helped buy the ticket, but because her long-term support and contributions had helped put Mr Farmer in the position to buy it.
The court recognised:
- The non-financial and emotional contributions Ms Bramley made over 12 years
- That ignoring her efforts would result in an unjust outcome
- That contributions to the welfare and advancement of a partner during the relationship can have lasting effects, even after separation
The case reaffirmed that post-separation assets are not automatically excluded from property settlements.
What Farmer & Bramley Tells Us
This case is often cited for the principle that past contributions matter, even when assets are acquired after a breakup. The Family Law Act empowers the court to make decisions based on fairness, not strict timelines.
The key message: it’s not just when the asset was acquired, it’s how it became possible.
How Courts Treat Lottery Winnings After Separation (and Other Windfalls)
The Family Court doesn’t treat lottery wins as special or separate from other assets. It looks at:
- When the asset was acquired
- Who acquired it, and how
- The parties’ financial interdependence
- Any past contributions that made the acquisition possible
- What would be just and equitable in the context of the whole relationship
If a partner’s support played a role in your financial position, that can be taken into account—even if the windfall happens years later.
Common Misconceptions
“It happened after we broke up—it’s mine.”
Not necessarily. Courts may still include the asset in the property pool if earlier contributions are relevant.
“We weren’t married, so it doesn’t apply.”
Wrong. De facto couples have the same legal standing under the Family Law Act as married couples.
“Only jointly owned assets are shared.”
No—ownership is just one factor. The court looks at the entire financial picture and relationship history.
How to Protect Your Lottery Winnings After Separation
Separation is more than emotional, it’s also a financial turning point. Until your property settlement is finalised, there’s always a legal risk that new assets might be subject to a claim. Here’s how to safeguard your position:
1. Enter into a Binding Financial Agreement (BFA)
A BFA is a private, legally binding agreement that outlines how property will be divided. It can be used:
- Before, during, or after a relationship
- To exclude future assets (e.g., business profits, inheritances, or lottery wins)
- To minimise the risk of future claims
Each party must receive independent legal advice, and the agreement must comply with strict legal requirements to be valid.
This is best for couples who can negotiate in good faith and want privacy. It is crucial to remember that BFAs can be challenged, for example, on grounds such as non-disclosure, duress, or unfairness. If challenged, the Family Court can set aside a BFA and make its own orders.
2. Apply for Consent Orders
Consent Orders are formalised agreements lodged with the Family Court. Once approved, they carry the same legal weight as a court order.
- No court hearing is required
- The court checks the terms are just and equitable
- It provides peace of mind and finality
This is best for couples who have already agreed on how they will be dividing their property.
3. Get Legal Advice Before Making Major Financial Moves
Even after separation, until a property settlement is finalised, any significant financial gain—like winning the lottery, receiving a gift, or buying property—could be brought into the asset pool.
Getting legal advice ensures you:
- Understand the legal implications of your decisions
- Can take steps to safeguard assets
- Know whether your ex might have a claim
This is best for anyone navigating post-separation finances or preparing for a windfall.
Why It Matters
If Mr Farmer had finalised his property matters with Ms Bramley after separation, the outcome may have been very different. Instead, years of unresolved financial ties left the door open for a claim, and the court walked through it.
Taking steps now can:
- Clarify your financial rights and obligations
- Help you avoid future disputes
- Protect your assets and peace of mind
Final Thoughts
Farmer & Bramley is a powerful reminder that contributions don’t end when the relationship does. Courts take a broad view of fairness, especially when someone has sacrificed their time, finances, or wellbeing to support their partner.
Whether you’ve received a windfall or think your ex-partner has, it’s essential to understand how the law works and where you stand.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
