Who Moves Out?

 

Ultimately the final housing options for both parties and children will need to be considered as part of the overall resolution of the family law matter.

But what happens in the meantime?

In most cases you are both entitled to remain in your home, and you cannot force the other person to leave.

There are three interim options available to you whilst you are finalising your separation:>

A. You can remain living under the one roof.

This is a good option for people who have enough space to enable each party to have their own room and personal space. It works best if there is low conflict between the parties, particularly if there are children living in the home.

If you choose this option, then you should record the date of separation and ensure that you are maintaining separate lives, like housemates and not domestic partners.

This may become important later if you need to provide evidence of the separation for Centrelink or Court purposes.

 

B. You can have a “nesting arrangement”.

This is a good option for people with children who do not have enough space or simply cannot live under the one roof. The children will remain in the home and the parents take turns living in the home to care for them.

This arrangement is generally a short-term solution and will only work in cases where the parties are low- conflict and have mutual respect.

C. One of you moves out.

This is the best decision if there is any conflict between you, particularly if you have children. Often people want certainty around parenting arrangements before agreeing to move out or agreeing to the children moving out with the other party. However, allowing both parties the space they need to come to terms with the separation will generally put them in a better frame of mind to negotiate down the track.