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by Natalie Cull
When going through a separation, there are a few questions we hear time and time again. From the family home to parenting arrangements, understanding your rights early can make a significant difference.
Here are four of the most common family law questions – and what you need to know.
If I Move Out of the House, Do I Give Up My Rights to It?
No – moving out of the family home does not mean you give up your interest in the property.
You may still be entitled to a share of the home or retain the home as part of your property settlement, regardless of who remains living there after separation.
That said, if you do move out, there are important things to consider:
– Who will pay the mortgage, rates, and utilities
– The cost of finding alternative accommodation
– How household items will be divided
– Arrangements for the children
Getting clarity on these early can help avoid disputes later on.
Should I Continue Making Mortgage Repayments?
If your name is on the mortgage, you are still legally responsible for repayments – even if you’ve moved out.
This can be challenging when you’re also covering the cost of rehousing, which is why timely communication is key.
We recommend:
– Discussing repayment arrangements with your former partner
– Reaching a temporary agreement until the property settlement is finalised
If repayments become unmanageable, you may be able to contact your lender for financial hardship assistance.
Importantly, missing repayments can impact your credit rating, so it’s best to address this early.
In some instances, if you or your former partner cannot meet repayments, the property may need to be sold. It is important to discuss this with a family lawyer first to ensure terms, such as sale price and method of sale are agreed.
Can We Make Our Own Agreement About the Children?
Yes – and in many cases, this is encouraged.
If you and your former partner can communicate effectively, reaching your own agreement can lead to more practical, child-focused outcomes.
However, it’s important that any agreement prioritises the best interests of the children.
Once agreed, it’s a good idea to document those arrangements with assistance from a family lawyer. This can be done through:
– A parenting plan, or
– Legally binding court orders
Do I Need a Lawyer?
While it’s possible to reach agreements on your own, a family lawyer plays an important role in protecting your interests and ensuring everything is properly documented.
A lawyer can:
– Explain your legal rights and obligations
– Help you achieve a just and equitable property settlement
– Ensure parenting arrangements are clear and workable
– Identify important details you may not have considered including holidays, travel, special occasions, and communication between parents.
Final Thoughts
Separation can feel overwhelming, but having the right information and the right support makes all the difference.
If you’re unsure about your rights or need guidance around property, parenting, or next steps, the team at Nikolovski Lawyers is here to help.
Get in touch today for clear, practical advice tailored to your situation.
