Cowen and Cowen

This matter concerned orders made by consent between the Husband and the Wife, presided over by Macmillan J. The dispute involved the division of assets and liabilities, including real property located at D Street and B Street, Town C, and a Cash Management Account. The orders addressed the immediate use and occupation of properties, responsibility for loan payments and outgoings, and restrictions on increasing indebtedness or depleting specific funds.

The court was required to determine the terms of consent orders relating to the parties' property and financial matters. Key issues included the exclusive occupation of residences, the allocation of financial responsibilities for secured debts and property outgoings, the preservation of assets, and the process for valuing disputed assets. The orders also stipulated the procedure for engaging experts to determine market values and outlined requirements for disclosure and the preparation of summaries for an upcoming conciliation conference.

The court made orders by consent, reflecting an agreement between the parties on how to manage their financial affairs and property pending further resolution. These orders included provisions for the Husband to be solely liable for loan payments and outgoings on the Town C property, while the Wife was granted sole use and occupation of D Street and the Husband sole use and occupation of Town C. Injunctions were imposed to prevent the depletion of a specific cash management account and to restrain the parties from increasing indebtedness secured against their respective properties. The court also established a detailed process for jointly engaging experts to value disputed assets, with costs to be borne equally, and set deadlines for the provision of financial documents and the preparation of summaries for a conciliation conference. The Husband was also ordered to pay the Wife's costs fixed at $2,970.