NAGGAR & NAGGAR

In the matter of *Naggar & Naggar*, the husband sought the sale of the former matrimonial home, while the wife sought exclusive occupancy of the home with the children and for the husband to meet mortgage payments and outgoings. The court was also presented with contentions regarding alleged family violence and the wife's mental status, alongside a week-about care arrangement for the children.

The court was required to determine whether to order the sale of the former matrimonial home, whether to grant the wife exclusive occupancy and exclude the husband from the home, and how to allocate financial responsibility for the property. Additionally, the court needed to make orders regarding parental responsibility and the time the children would spend with each parent, considering the impact of the current living arrangements on the children's psychological well-being.

Watts J dismissed the husband's application for the sale of the former matrimonial home. The court reasoned that it was not reasonable, sensible, or practical for the parties to continue residing under the same roof, particularly given the psychological impact on the children. Consequently, an order was made for the husband to vacate the former matrimonial home within 14 days and be restrained from attending the property. The husband was ordered to pay the mortgage repayments and any arrears, while the wife was to meet all other outgoings and any arrears for the property. The court also made orders for equal shared parental responsibility, with the children to live with the wife and spend substantial and significant time with the husband, detailing specific arrangements for school terms, holidays, and special occasions.