Trent and Trent

The proceedings before the Family Court of Australia involved Ms Trent (the wife) and Mr Trent (the husband), concerning interim property settlement and spousal maintenance. The parties, who have three young children, separated with the wife and children residing in Australia and the husband in Singapore. Consent orders had previously been made regarding the children's residence, the husband's time with them, and the division of certain belongings, with the wife to arrange for the transport of her and the children's items from Singapore at her expense. An order also restrained the wife from dealing with a significant portion of a Bankwest term deposit, save for an amount allocated for a motor vehicle purchase.

The legal issues before the Court included the wife's application for orders concerning chattels located in Singapore, an interim property settlement of $190,000, and interim spousal maintenance. The Court was required to determine whether to make orders regarding the Singaporean chattels, the quantum of interim property settlement, and the appropriate amount and commencement of spousal maintenance, considering the wife's changed circumstances and the husband's capacity to pay.

Regarding the Singaporean chattels, the Court found that the wife had not implemented previous consent orders and that the items now sought differed from those previously agreed. Consequently, the Court declined to adjudicate these matters in interim proceedings, directing that they be addressed in final orders. On the issue of interim property settlement, the Court noted that the husband conceded the wife would receive at least $190,000 from the controlled money account, which held a balance exceeding this amount. The Court therefore ordered the release of $190,000 to the wife by way of interim property settlement, noting this payment would be a factor for the trial judge to consider in final property proceedings. For spousal maintenance, the Court found that the wife's intention to lease separate residential premises constituted a change in circumstances justifying an order under s 83(2) of the Family Law Act 1975 (Cth). The Court calculated the wife's reasonable weekly expenses at $1,097 and, after considering the husband's income and allowable expenses, determined he had the capacity to pay this amount.

The Court ordered that the wife's application concerning the Singaporean chattels be dismissed. By way of interim property settlement, the parties were ordered to take all necessary steps to release $190,000 from the Bankwest Term Deposit to the wife, with the operation of this order stayed until 4 pm on 13 February 2014. Further, the husband was ordered to commence paying the wife $1,097 per week by way of spousal maintenance within seven days of the wife providing him with a executed residential property lease.