Downey and Beale

In the matter of *Downey and Beale*, heard before Judge Harman, the parties sought final resolution of property adjustment orders. The dispute concerned the division of assets and liabilities following the breakdown of the marriage, including the former matrimonial home, a mortgage, and personal chattels.

The court was required to determine the terms of the final property adjustment orders, which were to be made by consent. Specifically, the court needed to address the refinancing of a mortgage, the transfer of interest in the former matrimonial home, a financial payment from the husband to the wife, and the allocation of responsibility for property outgoings. Further issues included the ownership of a dog and the dismissal of various applications and responses filed by the parties.

The court made final property adjustment orders by consent, in accordance with the Terms of Settlement executed by the parties. These orders included provisions for the husband to refinance a mortgage into his sole name, the wife to transfer her interest in the former matrimonial home to the husband, and the husband to pay $125,000 to the wife. The husband was granted sole occupancy of the property and sole responsibility for its outgoings. The orders also stipulated default provisions in the event the husband failed to comply with these terms, including the sale of the property and the disbursement of proceeds. The court also declared the wife to be the owner of the dog as against the husband and ordered the husband to take necessary steps to transfer its registration into the wife's name. Various applications and responses were dismissed, and leave was granted to the wife to withdraw her application for contravention.