While there’s no legal reason why you both can’t stay in the home after you separate, and it is often the case that because of financial reasons couples do continue to live under the same roof after separation or until they can financially support themselves or until their home or other assets are sold.
It’s wise to physically separate
Living together though after separation can be difficult. Our advice in these circumstances is that unless your separation relationship is very amicable, it is probably wise to physically separate with at least one of you establishing a new place of residence.
The last thing you would want to happen would be for an argument or altercation to take place in front of your children because of the rising tensions between you.
Even worse, you could end up with the police attending or an application being made by one of you for a domestic violence order which could result in one of you being ousted from the home with little hope of being able to return.
This would then make the possibility of an early settlement in parenting and property matters that much more difficult because of the circumstances that have now risen because you continue to live together in circumstances where it probably wasn’t safe to do so.
Make sure you and your children are safe
Having said that, it’s very important that you make sure you and your children are safe and not exposed to family violence.
So there are times when you may not have any choice but to apply for, or sometimes the police will, apply for a domestic violence order.
So you can see that it is sometimes best to move out but make sure you get advice before you take that step.
By moving out, you don’t lose any of your legal entitlements to property settlement, but you will lose control of that property and most likely you won’t be able to enter a gain unless agreed by your partner.
Get advice first from a Family Law solicitor
So it’s best to get advice first from a Family Law solicitor, take appropriate steps to secure your finances, and take appropriate steps when necessary for your own protection or the protection of your children.
It’s best to get advice first from a Family Law solicitor about your legal rights and obligations.
So don’t hesitate to make an appointment to see us to discuss those issues before you take that serious step of moving out of the home or separating.