Following the COVID-19 pandemic, Australia has continued to experience the effects of increased interest rates and inflation. Consequently, we are seeing more family law clients who are remaining separated under the same roof until their property settlement is finalised. This is due to many factors including the cost of maintaining two residences, the lack of available rental properties and co-parenting arrangements for children.

If you and your ex-partner do remain separated under the same roof, you should document the date of separation as it will be an important reference in the event of future family law or divorce proceedings.

It is important to take practical steps to separate your financial ties. You both should discuss how outgoings on the property are to be paid. It is also recommended that you open a separate bank account for your income to be paid into. You should also ensure joint authorisation is attached to any joint mortgage or other accounts to reduce the possibility of further debt or depletion of assets pending final property settlement.

It is recommended you have a copy of important documents such as marriage certificate, passport, birth certificate in your possession in the event you vacate the property and cannot regain access.

If you are experiencing family violence or feel unsafe at home, you should seek advice about applying for a family violence intervention order.

Should you wish to receive family law advice, please contact our family law team at SMR Legal.