IN THE FAMILY COURT

AT NELSON

NO ......

MARY JANE BROWN of 26 Bath

Street, Nelson, Teacher Aide

Applicant

GRAEME JOHN BROWN of 73 Kent

Street, Hamilton, Painter

Respondent

NARRATIVE AFFIDAVIT OF APPLICANT

MARY JANE BROWN

The Address for Service of the Applicant is 26 Bath Street, Nelson telephone number 11111111– e mail aaa.www@rrrrrrr

I, MARY JANE BROWN of 26 Bath Street, Nelson,

Teacher Aide swear:

1.This is my first narrative affidavit. I regret that I have been forced to file these proceedings because I believe that the issues are straightforward.

  • We have settled the two vehicles and the furniture and chattels by keeping what is in our individual possession as our sole and separate property.
  • We have settled the relationship property at 26 Bath Street, Nelson by agreeing to its valuation at $350,000 and that I retain possession.
  • We have settled that the Respondent has no claim on my mother's inheritance received by me after separation. She died after separation.
  • We have not settled upon the valuation of four pieces of land at Black’s Road, Hamilton. I agree to Respondent retaining ultimate possession of that land. Valuations on the properties were carried out in the middle of 2006. I paid for them to be released. Those valuations total $890,000. If the Respondent cannot pay me out then the land must be placed on the market subject to consultation as to best marketing practices and the ultimate sale price will determine the valuations. I also accept that there will be some further development costs needed to realise the maximum return but that the organisation is well underway to make the best return from these properties.
  • There is no other property for determination.

2.The fourth bullet point above is the only issue and can really be only a valuation issue with perhaps some oversight and orders from the Court for a fair and orderly realisation of the properties.

3.The Respondent’s lawyer has raised an issue of a post separation financial reconciliation but has failed to give me any details. They can only relate to an imbalance between our earning capacities but I did not claim child support or spousal maintenance and relied upon the clear agreement in the way we organised our finances. Any financial reconciliation would probably be in my favour.

4.I do not wish to instruct a lawyer at this stage. My husband has told me that a lawyer will cost possibly $25,000. My own inquiries lead me to believe that the figure would likely be in excess of $15,000, or at least $225 an hour plus GST. The issues are straightforward and ought to be resolved quite simply.

5.The Family Court website makes it clear that I can

represent myself and provides documentation. I seek an early Judicial Settlement Conference and, if necessary, orders under Section 38 or Rules 399 and 400.

6.My husband and I married on 18 March 1977 but separated on 11 October 2004. We have two children, Jane aged 22 and Jonathon aged 18. Jonathon finished his 7th Form year last year and is considering starting University. He lives with me and I partially support him.

7.My husband and I did not have a formal written separation agreement but the basic property and maintenance

understandings between us were quite clear. He was earning a very good salary in management and I was earning modest wages as a teacher aide. I did not formally claim child support or spousal maintenance but we operated a joint account together and our wages went into this account. We increased the mortgage twice since the separation and that capital went into this account and we both drew on it.

8.I know of no factors whatsoever which would justify anything but equal sharing.

9.I claimed that the parameters for disagreement are quite narrow and cry out for a resolution either without Court intervention or at a Judicial Settlement Conference.

10.I file a Bundle of Correspondence which I claim shows an unwillingness on the part of my husband to settle these issues promptly. I have tried again and again to obtain substantive responses but have been unsuccessful. This has included allowing him more time when requested and it also includes me sending him two draft Agreements attached at numbers 8 and 30 of the Bundle. He does not respond with anything substantive. If I secure a Judicial Settlement Conference in, say, December 2008 it will be a full year without any real action on his behalf.

11. He has unilaterally stopped paying anything into the joint account leaving me at short notice to shoulder all of the mortgage payments. I have assumed responsibility for the

outgoings but he still will not allow the property to be transferred into my name solely which would allow me to pay the mortgage off with separate property.

SWORN at Nelson this)

day of) ......

2008 before me:-)

......

A Solicitor of the High Court of New Zealand