LEPANTO & LEPANTO

In the matter of *Lepanto & Lepanto*, Foster J of the Family Court of Australia considered an undefended final hearing concerning property settlement and spousal maintenance. The husband failed to participate in the proceedings and did not make full and frank disclosure of his financial position. The wife, unable to secure full-time employment due to her health circumstances, sought orders for property adjustment and spousal maintenance.

The court was required to determine the appropriate division of the matrimonial property, taking into account the husband's failure to disclose, and to assess the wife's entitlement to spousal maintenance. Specifically, the court had to consider the husband's contributions, which were found to be slightly higher than the wife's, and how the husband's non-disclosure should impact the property orders. The court also needed to ascertain if the wife was unable to adequately support herself due to her health and if the husband had the capacity to provide such support.

Foster J reasoned that the husband's failure to disclose warranted a robust consideration of the wife's entitlement to the property. The court found that the wife was unable to support herself adequately due to her health and that the husband had the capacity to support her. Consequently, the court ordered the husband to pay spousal maintenance of $500 per week for a closed period of 104 weeks. The wife was appointed Trustee for Sale of the matrimonial home, with the net proceeds of sale to be disbursed first for sale expenses, rates, and the discharge of the mortgage, with the remaining balance to be paid to the wife. The husband was also ordered to pay all outgoings and mortgage payments for the property until settlement and to indemnify the wife against any arrears.