Vissell & Vissell

In the matter of *Vissell & Vissell*, Henderson J considered an application by the wife for an interim property distribution. The dispute arose in the context of family law proceedings where the wife sought a sum of money from the parties' assets, which were alleged to be under the sole control of the husband.

The primary legal issue before the court was to determine the appropriate amount for an interim property distribution, considering the husband's control over the matrimonial assets. The court was required to apply the principles governing interim property orders in family law matters, particularly where one party has sole dominion over the available funds.

Henderson J reasoned that an interim property distribution was warranted to ensure a degree of financial fairness between the parties pending the final determination of the property settlement. The court ordered the husband to pay the wife the sum of $468,713.25 within 14 days. In the event of non-compliance, the order stipulated that the matrimonial home was to be placed on the market for sale, with detailed provisions for the selection of agents and conveyancers, the sale process by private treaty or auction, and the disbursement of sale proceeds. These provisions included the payment of sale expenses, discharge of mortgages, and the allocation of interim settlements to both the wife and the husband, with specific deductions from the husband's share for child support arrears. The order also imposed an injunction restraining the husband from dealing with the matrimonial home without the wife's consent and required the husband to provide full and frank disclosure of various financial documents and business dealings.