Auden and Auden & Anor

In the matter of Auden and Auden & Anor, Hannam J considered applications by the wife for interim spousal maintenance and an interim property settlement. The wife contended she was unable to adequately support herself and the parties' children, for whom she was the primary carer, and that the husband had the capacity to pay spousal maintenance. The dispute also involved the husband's unilateral sale of the matrimonial home and a claim by a second respondent for a significant debt owed by the parties. The wife sought interim property orders to enable her to purchase suitable housing for herself and the children, acknowledging that such orders might be subject to reversal.

The court was required to determine whether to make interim orders for spousal maintenance and an interim property settlement. Central to these determinations were the wife's financial needs, the husband's capacity to pay, the impact of the sale of the matrimonial home on the parties' housing arrangements, and the assertion of a debt by a third party. The court also had to consider the welfare of the children in making any interim parenting orders.

Hannam J made a series of interim orders addressing both parenting and financial matters. The previous parenting orders were discharged, with the children ordered to live with the mother. Specific arrangements were made for the youngest child to spend time with the father, and for the older children to spend time and communicate with the father according to their wishes. The court also made orders regarding communication between parents and medical professionals and schools, and a restraint on denigrating the other party in the children's presence. Furthermore, the parents were ordered to engage in family therapy with a specified psychologist, with detailed provisions regarding attendance, costs, and confidentiality. The court also made orders regarding the husband's obligation to pay spousal maintenance and the wife's application for an interim property settlement, pending further order.