Harrold and Harrold

In the matter of *Harrold and Harrold*, Young J of the Family Court of Australia made orders by consent between the Husband and the Wife. The dispute concerned the division of property and the resolution of financial claims between the parties.

The court was required to determine the terms of a consent order that would finalise the financial relationship between the parties. This involved specifying the payment obligations of the Husband to the Wife, the conditions for the removal of a caveat, and the consequences of default, including the potential sale of real property. The orders also addressed the occupation of properties, the indemnification of each party for debts, and the division of all other property and superannuation entitlements.

The court's reasoning was based on the consent of the parties, as evidenced by the orders made. The orders stipulated that the Husband would pay a total of $552,000 to the Wife, with specific dates for two instalments. In the event of default, the Husband was to transfer real property at 4 L Street to the Wife for sale, with the proceeds applied first to sale costs, then to discharge a mortgage, then to satisfy the outstanding payment to the Wife with interest, and finally any balance to the Husband. The orders also provided for the Husband's sole occupation of properties at 4 L Street and 5 L Street pending payment or sale, with the Husband responsible for mortgage instalments, rates, and taxes. Each party was to indemnify the other against debts accrued in their own names, and all other property was to be divided, with each party solely entitled to property in their possession and liable for associated liabilities. Joint tenancies were severed, and claims to superannuation were foregone. Liberty was granted to the Wife to apply to sell 5 L Street if the proceeds from 4 L Street were insufficient. The original applications and responses were otherwise dismissed.