Ashby and Ashby

This matter concerned the financial and property settlement between a husband and wife, heard by Judge McGuire. The dispute involved the division of various assets, including properties in the UK and Tasmania, vehicles, personalty, bank accounts, and superannuation entitlements, as well as the allocation of debts and spousal maintenance.

The court was required to determine how the parties' various assets and liabilities should be divided and allocated between them. This included deciding the extent of each party's entitlement to the net proceeds of sale of their properties, the ownership of personal property and vehicles, and the distribution of funds held in bank accounts and superannuation. The court also had to consider the liabilities associated with these assets and any incurred since separation, and to make orders regarding spousal maintenance and the final determination of the parties' financial relationship.

In resolving the dispute, the court applied principles of property division under the *Family Law Act 1975* (Cth). The orders reflect a division of assets and liabilities, with specific provisions for the payment of debts from the proceeds of sale of a UK property. The wife was largely entitled to the net proceeds of sale of the Tasmanian property and the balance of the UK property, along with her vehicle, personalty, bank accounts, and superannuation. The husband received his vehicle, bank accounts, personalty, and any benefit from his late mother's estate. Crucially, the court made detailed orders regarding the husband's superannuation, allocating a base amount to the wife and establishing a mechanism for payment pursuant to sections 90MT(4) and 90MT(1)(a) of the *Family Law Act 1975*, and relevant regulations. Each party was ordered to be solely responsible for and indemnify the other in respect of liabilities attaching to assets retained by them and liabilities incurred since separation.

The court ordered the husband to pay spousal maintenance to the wife of $600 per week for a period of twelve months, commencing from 15 June 2017. The orders were made with the intention, pursuant to section 81 of the *Family Law Act 1975*, of finally determining the financial relationship between the parties and avoiding further proceedings.