MURRAY & MURRAY

The case of *Murray & Murray* concerned applications made by the wife for interim property settlement, child support, and spousal maintenance. The husband contended he lacked the present capacity to meet the wife's financial requests. The wife argued that her income was substantially lower than the husband's, that the majority of assets were registered in the husband's name, and that the husband had not acted to consolidate his debts to meet the reasonable needs of the children and herself, continuing instead to spend without constraint. The court was required to determine whether to grant the wife's applications for interim financial relief.

The legal issues before the court were whether to order the husband to pay $50,000 by way of interim property settlement, to vary the child support assessment to meet the children's needs for private health insurance and associated costs, and to order weekly spousal maintenance. In relation to child support, the court considered whether grounds existed for a departure from the standard assessment, given the wife's significantly lower income compared to the husband and the unchallenged needs of the children. For spousal maintenance, the court had to assess if the threshold test under section 72 of the relevant Act was met, whether the wife had established a reasonable need, and if the husband had the capacity to meet that need, despite his assertions to the contrary.

The court reasoned that the husband's continued spending without constraint, coupled with his failure to consolidate debt to meet the reasonable needs of the children and the wife, supported an order for interim property settlement. The court found that the wife had established her needs for the children, which were not challenged by the husband, and that her lower income warranted a departure from the standard child support assessment. Regarding spousal maintenance, the court determined that the wife had met the threshold test under section 72 of the Act, established a reasonable need, and that the husband possessed the capacity to make the requested payments. Consequently, the court ordered the husband to pay $50,000 by way of interim property settlement, to pay 95% of the cost of supporting each child while the wife paid 5%, and to pay weekly spousal maintenance.