Stanford & Stanford

The appeal in Stanford & Stanford concerns the property settlement between the parties, who were still married but physically separated due to the wife's need for nursing care. The wife's children sought the sale of the former matrimonial home to fund their mother's care, while the husband argued that he could only satisfy the orders by selling the home. The Magistrate's orders provided for the wife to receive a sum of $612,931, but the husband maintained that he could only satisfy the orders by selling the former matrimonial home.

The appeal focused on whether the court could make a property settlement order under section 79 where the marriage is still intact but the parties have physically separated due to one party's health. The court also considered whether the Magistrate should have considered the possibility of making an order for spousal maintenance and whether the Magistrate gave adequate reasons for the orders made. The appeal was allowed on the basis that the discretion to make a property settlement order should not have been exercised in this case.

The wife passed away before the court re-exercised its discretion. Both parties agreed that the Magistrate's findings as to contribution should not be disturbed, and it was deemed appropriate to re-exercise the court's discretion. The court ordered that the wife's legal personal representatives receive the fixed sum of $612,931 upon the husband's death. In the event of the sale of the former matrimonial home prior to the husband's death, and if the payment is not made to the wife at that time, security for payment is required. If the parties cannot agree on the form of security, they are at liberty to apply to the Court.

The costs of the submissions of each party in relation to the re-exercise were reserved, and either party may seek costs within 28 days accompanied by written submissions.