Australian Family Law:

5 Things to Consider Before Moving Out of the House

Considering leaving the family home is a significant decision which may have legal ramifications. Before making the decision to move out, it is crucial to consider the following five points:

  1. The Impact your decision may have on your Child Custody Arrangements:

    Moving out can have implications on future custody arrangements for children. To ensure that you maintain a meaningful relationship with your children you need to be aware of what the court will consider to be a practicable distance between homes to allow for equal time. Depending on where you intend to relocate to may also be perceived as relinquishing primary custody, so understanding the potential consequences is essential.

  2. The Financial Implications that may arise:

    The first things we usually think about when contemplating whether or not to leave the family home are the affects on financial matters such as property division and spousal support. These are usually the main focus, but its highly likely that when you decided to move out, you only took your personal belongings with you because you thought you and your estranged partner could work out the finer details later. Seek legal advice to understand how moving out could influence these aspects.

  3. Establishing a Temporary Agreement:

    Before leaving, consider establishing a temporary agreement regarding living arrangements, financial responsibilities, and child custody to ensure the rights of all parties are protected during the transition.

  4. Preservation of Assets:

    Moving out could impact the preservation of assets, especially joint property. Understanding how this decision may affect the division of assets in the future is crucial.

  5. Consulting with a Family Law Professional:

    Given the complexity of family law matters, seeking guidance from a qualified family lawyer is highly recommended. Sherri Gullickson has worked with Accredited Family Law Specialists, and specialized family law firms working on high value property matters, complex parenting and superannuation splits. Call today and Sherri can provide personalized advice based on your situation and ensure your rights are protected throughout the process.

Before deciding to move out of the family home, carefully considering these factors and seeking legal advice will help navigate the legal implications under Australian family law.

Get in contact with our office today (07) 3397 99 22 or sent us an email to arrange a free 30 min consult with Sherri today.

Please note that this information is provided as general guidance and should not be construed as legal advice. It's recommended to consult with Sherri Gullickson for advice specific to your situation.