CHRISTIE & CHRISTIE

In *Christie & Christie*, Johns J of the Family Court of Australia considered issues arising from a partial property settlement and interim spousal maintenance between a husband and wife. The dispute concerned the division of the net proceeds of sale of the former matrimonial home, with the husband seeking an equal division and the wife seeking funds to purchase a residential property. The court also addressed the wife's claim for interim spousal maintenance.

The court was required to determine the quantum of the partial property settlement to be paid to each party from the proceeds of sale of the former matrimonial home. Additionally, the court had to determine the appropriate amount and duration of interim spousal maintenance payable by the husband to the wife, particularly in light of the wife's acquisition of a residential property.

The orders made by consent reflected an agreement between the parties regarding the distribution of the sale proceeds. These orders stipulated the repayment of specific debts, the setting aside of funds for anticipated tax liabilities, a payment of up to $2,500,000 to the wife for the purchase of a residential property, a further $100,000 to the wife as a partial property settlement, and the balance of the proceeds to the husband. The court also ordered that any excess or shortfall in the tax funds after finalisation of liabilities would be shared equally between the parties. Furthermore, the court ordered the husband to pay interim spousal maintenance of $1,400 per week until the wife purchased a property, and thereafter $750 per week.