ZABARAC & ZABARAC

In the matter of *Zabarac & Zabarac*, the husband sought interim orders for the sale of two of the parties' properties as part of a property settlement. The wife sought interim spousal maintenance, interim asset preservation orders, and a departure from the child support assessment to address the children's private school fees. The court also considered an application for costs.

The court was required to determine whether to grant the husband's application for the sale of properties, the wife's application for interim spousal maintenance, the wife's application for interim asset preservation orders, and whether to make a departure order regarding child support for the children's school fees. Additionally, the court considered the wife's claim for legal costs.

Regarding the property settlement, the court exercised caution, making a preliminary assessment under sections 79 and 75(2) of the *Family Law Act 1975* to avoid compromising a just and equitable final settlement. An interim order was made for the sale of one property as neither party sought to retain it, but the application for the sale of the former matrimonial home was dismissed as not being just and equitable at this interim stage. The wife's application for interim spousal maintenance was granted, with the court finding she was unable to adequately support herself due to her care of the children and the parties' prior agreement on her role, and that the husband had the capacity to pay. Interim asset preservation orders were also made. The application for a child support departure order concerning school fees was considered, with the court noting the wife's lack of income and the husband's inability to afford the fees from income, indicating that a departure order would only be made if the wife was willing to commit property to pay half the fees. The wife's application for costs under section 117 of the *Family Law Act 1975* was dismissed, despite her lack of capacity to meet her own legal expenses and the husband's relative financial strength, as the court deemed it not proper to make such an order in the circumstances.