Tanner & Tanner (No. 2)

In *Tanner & Tanner (No. 2)*, Brown J of the Family Court of Australia considered property settlement and spousal maintenance applications between a husband and wife. The wife was psychiatrically unwell, and the proceedings involved the husband's contributions both prior to the marriage and after separation, as well as the impact of property orders on the husband's capacity to pay spousal maintenance.

The court was required to determine the division of the parties' property, including the allocation of a sum of money to the wife from the husband and the treatment of the parties' interests in real property and superannuation. Additionally, the court had to consider whether to grant the wife's application for spousal maintenance, taking into account the effect of any property orders on the husband's financial position.

The court ordered the husband to pay the wife $128,000 by a specified date, with provisions for the sale of the real property in default of payment. The proceeds of any sale were to be applied first to sale costs, then to discharge the mortgage, followed by the payment to the wife, and finally the balance to the husband. The husband was granted sole occupation of the real property pending payment or sale, with responsibility for outgoings and mortgage repayments. The court also allocated a base amount of $101,986 from the husband's superannuation interest to the wife, with further provisions for splittable payments from the fund, and imposed restraints on the husband regarding his superannuation interest to ensure the wife's entitlement. The wife's application for spousal maintenance was dismissed, and all other extant property applications were dismissed.