LOGAN & HAMILTON

The applicant husband sought to enforce final property settlement orders made by consent in February 2015. These orders stipulated that the wife would retain the matrimonial home upon payment of a sum of money to the husband, with a default provision for the property to be sold if she failed to comply. The wife had not complied with the orders, leading the husband to seek an order for her to vacate the property and for its transfer into his sole name for the purpose of sale. The wife attended court but did not file any responding material to the husband's application.

The central legal issue before the court was the enforcement of the existing final consent orders, specifically concerning the wife's failure to meet her obligations regarding the property settlement. The court was required to determine the appropriate orders to ensure compliance with the February 2015 consent orders, given the wife's default.

Thornton J applied the principles of enforcing consent orders in family law proceedings. The court noted the wife's non-compliance with the terms of the consent orders. In light of the wife's failure to comply and her lack of response to the husband's application, the court made an order for the wife to vacate the property within four weeks. The remainder of the husband's application was adjourned to a date to be fixed, pending the outcome of the wife's compliance or non-compliance with the current orders and the original default provisions.