Merton and Merton

In *Merton and Merton*, the Family Court of Australia at Melbourne considered property settlement orders between Mr. Merton (the applicant husband) and Mrs. Merton (the respondent wife). The dispute concerned the division of their financial and other relationships, with the parties having previously held polarised views on their respective entitlements. The matter had been listed in the Long Defended List and, following the resolution of welfare matters, the property issues were addressed.

The court was required to determine the terms of consent orders that would finally determine the financial and other relationships between the parties and avoid further proceedings. Specifically, the court needed to be satisfied that the proposed orders were just and equitable, notwithstanding that they were made by consent, in accordance with the provisions of the *Family Law Act 1975* (Cth), including sections 79(4)(a) to (c) and 75(2).

Justice Guest, having been satisfied that the consent orders represented a just and equitable arrangement within the scope of the *Family Law Act*, made orders reflecting the parties' agreement. These orders included the husband paying a sum of $255,000 to the wife in instalments, with the wife to remove a caveat on the former matrimonial home upon the first payment. The husband was to indemnify the wife against various liabilities related to the property and former partnership businesses. The orders also stipulated that in the event of non-payment, the husband would transfer the property to the wife for sale, with proceeds applied to sale costs, encumbrances, the outstanding payment to the wife with interest, and the balance to the husband. The parties were to have sole entitlement to other property in their possession, sever joint tenancies, and forego claims to superannuation. The applications filed by each party were otherwise dismissed.