Articles
How to Handle House Occupation After Separation
by Coleman Greig Lawyers LawyersAt the end of a marriage or de facto relationship, each party will need to decide how to manage the family home. Depending on their children, as well as other concerns such as money and work routines, some spouses continue living in the same space, although as a separate couple, until a final agreement on parenting and property is agreed.
In other circumstances however, it may be challenging, distressing or dangerous for one party to live in the same space after the separation. If the divorce procedures are particularly messy, couples may decide it to be better that they separate physically, either to curb arguments or for the physical and mental safety of the children.
In this situation, a dispute over the original home must be quickly resolved before a final resolution on the separation is achieved.
At first, it is best to reach a solution with the spouse by considering all potential options, such as one party moving in with family or other alternative accommodation. However, if civil negotiations cannot be made due to violence or other barriers, it is possible to seek legal advice and apply to the Court for an exclusive occupation order, allowing the applicant to live in the original home under the Family Law Act 1975 (the Act).
These cases tend to vary greatly depending on the circumstances involved. Each case is judged based on its own unique characteristics, but overall, these are the main considerations made:
- Is the application genuine, or in bad will?
- What is the best outcome for the children, if any?
- What is the current relationship between the two parties?
- Is each member in a financial position to move?
- Is it possible, either financially or practically, for either party to obtain alternate accommodation?
- Is there a situation of domestic violence where either party is fearful of their well being?
- What are the alternative options available, such as nearby family, or investment properties?
- What is the personal hardship undergone by requiring either party to move out?
- Any other matter relevant to the case at hand.
The court generally decides based on what is considered appropriate by their standards, so the above list is neither comprehensive nor in order of importance.
If you require legal advice due to a recent separation, please contact a team member of Coleman Grieg’s Family Law staff soon, and we will be happy to provide advice.
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Created on Dec 9th 2020 05:53. Viewed 227 times.
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