PEVERELL & PEVERELL

In the matter of *Peverell & Peverell*, the wife sought exclusive occupancy of the former matrimonial home, a partial property settlement, and periodic spousal maintenance. The husband sought to identify the source of funds for the property settlement payment. The proceedings were before Cronin J.

The court was required to determine whether the wife should be granted exclusive occupancy of the former matrimonial home, the terms of a partial property settlement, and whether the wife was entitled to periodic spousal maintenance. The court also considered the husband's request for clarity regarding the source of funds for the property settlement.

Regarding exclusive occupancy, the court found that the evidence did not support the wife's claim that returning to the former matrimonial home was part of her medical treatment on an interim basis, and therefore dismissed her application. In relation to property settlement, the court ordered the husband to pay the wife $120,000 within 60 days, noting that the parties needed to resolve the source of these funds themselves. The wife's application for spousal maintenance was dismissed, as the court found she had significant superannuation funds that could be accessed as capital or converted to income, rejecting her argument that she was not obliged to use her assets.

The court dismissed the wife's application for exclusive occupancy and spousal maintenance. It ordered a partial property settlement of $120,000 to be paid by the husband to the wife within 60 days. All interim applications were dismissed, and outstanding applications for final hearing were adjourned for listing before a trial judge.