Glass
8th January 2011, 02:31 AM
Couple in love are 'split' in court row
An elderly Perth couple, married for 40 years and with no intention of leaving each other, have been legally separated by the Family Court and may have to sell their home to pay for the wife's nursing home care.
The couple, dubbed "Beryl" and "Charles", cannot be identified for legal reasons.
The legal wrangling landed in the Family Court last year after family feuding over Charles' finances began when Beryl suffered a severe stroke and had to be moved to a care facility late in 2008.
Beryl, 88, and Charles, 86, married in 1971 - the second marriage for both - and were represented in court by their children from prior relationships, who hold power of attorney over their parents.
The court was told Charles visits his wife three times a week, "loves her and would do anything and everything for her".
At the centre of the case was whether the court has the power to get involved in the couple's financial arrangements so Beryl could be moved to a nursing home which required a financial bond.
Beryl's daughters argued that Charles should sell the house - valued at $1.375 million - to free up funds to allow the payment of a $300,000 bond.
But Charles' son and daughter-in-law, acting on his behalf, said Beryl's pension would cover any payments required. They said Charles should be allowed to continue living at his home of 48 years. He bought the house before his marriage to Beryl.
Family Court of WA magistrate Susan Duncanson ruled that while the couple had no intention to separate, she still had the power to intervene in their finances. Ms Duncanson found that Beryl should have access to funds and ordered that Charles pay his wife more than $600,000.
link....... (http://au.news.yahoo.com/thewest/a/-/newshome/8612632/couple-in-love-are-split-in-court-row/)
An elderly Perth couple, married for 40 years and with no intention of leaving each other, have been legally separated by the Family Court and may have to sell their home to pay for the wife's nursing home care.
The couple, dubbed "Beryl" and "Charles", cannot be identified for legal reasons.
The legal wrangling landed in the Family Court last year after family feuding over Charles' finances began when Beryl suffered a severe stroke and had to be moved to a care facility late in 2008.
Beryl, 88, and Charles, 86, married in 1971 - the second marriage for both - and were represented in court by their children from prior relationships, who hold power of attorney over their parents.
The court was told Charles visits his wife three times a week, "loves her and would do anything and everything for her".
At the centre of the case was whether the court has the power to get involved in the couple's financial arrangements so Beryl could be moved to a nursing home which required a financial bond.
Beryl's daughters argued that Charles should sell the house - valued at $1.375 million - to free up funds to allow the payment of a $300,000 bond.
But Charles' son and daughter-in-law, acting on his behalf, said Beryl's pension would cover any payments required. They said Charles should be allowed to continue living at his home of 48 years. He bought the house before his marriage to Beryl.
Family Court of WA magistrate Susan Duncanson ruled that while the couple had no intention to separate, she still had the power to intervene in their finances. Ms Duncanson found that Beryl should have access to funds and ordered that Charles pay his wife more than $600,000.
link....... (http://au.news.yahoo.com/thewest/a/-/newshome/8612632/couple-in-love-are-split-in-court-row/)