Sidbury and Sidbury

In *Sidbury & Sidbury*, the Family Court of Australia considered applications by the wife for interim spouse maintenance and exclusive occupation of the former matrimonial home, and by the husband for the sale of that home. The parties, married in 1991, continued to reside together in the former matrimonial home with their three children, despite a decree nisi for divorce being granted in May 2011. The husband had historically been the primary income earner, deriving substantial income from the Sidbury Family Trust, while the wife had recently commenced part-time employment.

The court was required to determine the wife's entitlement to interim spouse maintenance, her application for exclusive occupation of the former matrimonial home, the husband's obligation to meet the outgoings on that home, and whether an interim order for the sale of the home should be made. While both parties sought the sale of the home as a final property order, the wife argued against an immediate sale.

The court ordered the husband to pay interim spouse maintenance of $1,175 per week, noting this was contingent on him continuing to pay $375 per week for child support and meeting all outgoings on the former matrimonial home, as he had been doing since separation. The wife's application for exclusive occupation of the former matrimonial home was dismissed. The court also ordered that, pending further order, the parties were to take all necessary steps to sell the former matrimonial home for the best reasonably obtainable price, with marketing and agent selection to be agreed between them. Upon sale, the proceeds were to be deposited into a joint interest-bearing account, with neither party able to withdraw funds without the other's written approval.