VISSELL & VISSELL

In *Vissell & Vissell*, the wife sought both spousal maintenance and a property settlement from the husband. The court, presided over by Stevenson J, was required to determine whether the wife was entitled to spousal maintenance and whether a property settlement, either interim or partial, was just and equitable.

The court considered the wife's claim for spousal maintenance and was not satisfied that she was unable to support herself. Consequently, this aspect of her application was dismissed. However, the court found that it was just and equitable to make orders for an interim or partial property settlement, particularly given that the parties' assets were almost entirely held by the husband.

The court's reasoning led to a series of consent orders designed to preserve assets and facilitate a property settlement. These orders included restraints on the husband's ability to deal with the matrimonial home and directions for the valuation of his business. Crucially, the court ordered the husband to pay the wife a sum of $100,000 within three months as an interim or partial property settlement, with a provision for the sale of the matrimonial home in the event of default. Additionally, any compensation received by the husband from a compulsory acquisition of part of the matrimonial home was to be shared equally with the wife, also characterised as an interim or partial property settlement. The wife's original application for spousal maintenance and the husband's response were otherwise dismissed.