Belmore and Belmore

In the matter of *Belmore and Belmore*, Johnston J of the Family Court of Australia made orders concerning the division of property and financial obligations between the parties. The dispute centred on the former matrimonial home and associated financial liabilities, including mortgages and school fees.

The court was required to determine the appropriate distribution of the former matrimonial home, the discharge of specific mortgages and outstanding school fees, and the allocation of other property and debts between the parties. The orders also addressed the consequences of non-compliance with the primary property transfer directions.

Johnston J ordered that the wife pay a sum of $125,720 to the husband and arrange for the discharge of two specified mortgages and outstanding school fees within 42 days. Upon this payment, the husband was to transfer his interest in the former matrimonial home to the wife at her cost. In the event of the wife's failure to comply, the property was to be listed for sale, with proceeds to be applied first to sale costs, then to discharge the mortgages and school fees, and the balance to be divided with 77.531 per cent to the wife and 22.469 per cent to the husband. The wife was to bear mortgage repayments and rates on the home pending compliance or sale. Other property and debts were to remain with the party in possession or sole name, with mutual indemnities for those sole debts. The court also made provision for the Registrar to execute documents if a party refused to do so, pursuant to section 106A of the *Family Law Act 1975* (Cth).