Aguilar & Aguilar

[2009] FamCA 1343

FAMILY COURT OF AUSTRALIA

AGUILAR & AGUILAR [2009] FamCA 1343

FAMILY LAW – SPOUSAL MAINTENANCE

APPLICANT: Mr Aguilar

RESPONDENT: Ms Aguilar

FILE NUMBER: SYC 1468 of 2008

DATE DELIVERED: 4 December 2009

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: STEVENSON J

HEARING DATE: 14 & 15 September 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Gould

SOLICITOR FOR THE APPLICANT: Newnhams Solicitors

COUNSEL FOR THE RESPONDENT: Mr Johnston

SOLICITOR FOR THE RESPONDENT: Christopher Mackay Lawyer

Orders

1. 1.1      That the wife pay to the husband spouse maintenance of $250 per week for a period of 2 years from the date of these orders, with the first such payment to be made within 7 days unless the wife exercises the option provided in order 1.2.

   1.2That, in the alternative and at her written election, the wife pay spouse maintenance to the husband in a lump sum of $25,145 no later than 31 January 2010.

   1.3That the wife shall inform the husband in writing, within 14 days of the date of these orders, whether she elects to pay periodic or lump sum spouse maintenance.

2. 2.1     That the husband shall vacate the property situate at M within 1 calendar month of receipt by him of lump sum spouse maintenance of $25,145.

   2.2That the husband shall otherwise vacate the said property within 3 months of the date of these orders.

3. That all outstanding applications and responses are otherwise dismissed.

IT IS NOTED that publication of this judgment under the pseudonym Aguilar & Aguilar is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1468  of 2008

MR AGUILAR

Applicant

And

MS AGUILAR

Respondent

REASONS FOR JUDGMENT

the proceedings

1. The applicant husband, Mr Aguilar, sought orders pursuant to section 79A to set aside orders for settlement of property made by consent on 29 January 1991 and 21 November 1997.  If successful, he sought orders to the effect that the wife sell a property at M (‘the M property’) and pay to him one half of the net proceeds. 

2. In the alternative, the husband sought an order that the wife pay to him lump sum spouse maintenance of $1,750,000.  In the further alternative, he sought an order that the wife pay to him periodic spouse maintenance of $1,000 per week.

3. The respondent wife, Mrs Aguilar, sought that all of these applications be dismissed.  She also sought an order that the husband vacate the M property within 14 days.

Background

1. The husband, who is now 68, and the wife, who is now 61, commenced cohabitation in July 1980.  The husband lived in rented accommodation and worked as a salesman.  The wife lived in the M property and had part-time employment in a travel agency. 

2. The wife’s father transferred the M property to her and her first husband in 1977.  She acquired her ex-husband’s interest in the property when their marriage broke down in 1979.  It was agreed that the property was valued at $200,000, and was…