Whist and Whist

This matter concerned property and children's orders made by Guest J. The dispute involved the division of assets and arrangements for a child following the breakdown of the parties' marriage.

The court was required to determine the terms of property orders, including the payment of a sum of money, the transfer of real property, the discharge of a mortgage, and the division of other assets. Additionally, the court had to make orders concerning the parental responsibility, living arrangements, and communication regarding the parties' child.

Guest J ordered that the Wife pay the Husband $120,000 by a specified date. Contemporaneously with this payment, the Husband was to transfer his interest in the real property to the Wife, who was to indemnify him against the mortgage and other outgoings, and arrange for the discharge of the mortgage. Should the payment not be made by the due date, the Wife was to transfer the real property to the Husband for sale, with proceeds applied first to sale costs, then the mortgage, then the outstanding payment to the Husband with interest, and any balance to the Wife. Pending payment or sale, the Wife was to have sole occupation of the property, responsible for mortgage instalments and outgoings. The court also made orders regarding the return of specific chattels and the division of other property, including the severance of any joint tenancies.

In relation to the child, the court discharged previous orders and established equal shared parental responsibility, with the child to live with the Wife. The parties were ordered to keep each other informed of the child's academic, health, and welfare issues. Further issues concerning the Husband's time with and communication with the child were reserved, with the caveat that the child retained the ability to see the Husband if she chose. The Independent Child's Lawyer was discharged, and particulars of the orders and consequences of contravention were to be set out in an attached Fact Sheet.