Allport and Allport

In the matter of *Allport and Allport*, Judge Monahan of the Federal Circuit and Family Court of Australia made orders concerning the property settlement between the husband and wife. The dispute involved the division of matrimonial assets, including the former matrimonial home and superannuation interests, and the wife's claim for spousal maintenance.

The court was required to determine the appropriate distribution of the parties' property, including the former matrimonial home and the husband's superannuation fund. Specifically, the court needed to decide on the quantum of the financial settlement to be paid by the husband to the wife, the mechanism for the sale of the former matrimonial home in the event of default, and the division of the husband's superannuation interests. The court also considered the wife's application for lump sum spousal maintenance.

Judge Monahan ordered the husband to pay a sum of $382,417.00 to the wife within 42 days. In default of this payment, the former matrimonial home was to be sold, with the proceeds to be applied first to sale costs, then to the payment of the sum to the wife, and the remainder to the husband. The court also ordered a splittable payment of $315,000.00 from the husband's superannuation fund to the wife, pursuant to section 90MT(1)(a) of the *Family Law Act 1975*. The wife's application for lump sum spousal maintenance was dismissed. The orders also stipulated that each party would retain their own chattels, debts, and other assets not specifically addressed, and that the Registrar of the Court could execute documents if a party failed to do so.