How do I get my fair share of our property?

Maintaining your lifestyle after separation

If you’re taking the difficult step of thinking about separating from your partner, one issue that is sure to be top-of-mind is your finances.

If your partner has been the one in control of the family finances, you might be wondering how you’ll be able to access enough funds to be able to afford to live. And if you haven’t really had experience with the family finances when you were in a relationship, that only becomes more challenging once you’ve separated.

The good news is that there are steps you can take to protect yourself (and your children). In this blog post, the MDL Family Law team show you a couple of ways to help you ensure that you will have access to enough ready cash to not only survive and move forward on.

Applying for Urgent Spousal Maintenance

If you cannot support yourself financially after separation, but your partner has the capacity to contribute to your support, you may be able to apply for Urgent Spousal Maintenance.

This may be the case if, for example, you have been looking after yours and your partner’s children or working as a homemaker full-time.

If you are granted urgent spousal maintenance then you’ll have immediate access to money, which is separate to any child support you may be entitled to receive. You may be granted spousal maintenance as a series of regular payments or in one lump sum payment. Whether you are granted urgent spousal maintenance depends on your immediate need and the amount awarded is ultimately determined by the Judge hearing your application.

Your lawyer can guide you in making the application for Urgent Spousal Maintenance and can help ensure your paperwork is in order to present your case. Note that it’s important to plan ahead, as there can be delays of up to two months, depending on the court.

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Applying for an Exclusive Occupancy Order

If you need to exclude your partner from living in the home you co-own, for example in cases of domestic violence, you can apply for an Exclusive Occupancy Order.

This Order will allow you to remain living in the family home, without an abusive spouse living with you.

When applying for an Exclusive Occupancy Order, you must demonstrate that there is high conflict or emotion present in your relationship which is having a negative impact on you or your children or which you or your children need protecting from.

Once again, if possible it’s a good idea to plan ahead for your application, as depending on circumstances there can be delays of up to two months at court.

Your lawyer can help advise you on what preparation and planning you can do privately to prepare for your application to ensure that the difficult transition is made as smoothly possible.

If there is domestic violence occurring in your home, you should contact the police immediately rather than waiting to apply for this order. Domestic violence includes physical, sexual, emotional and/or financial abuse, or threats of abuse or violence either aimed at you or your children.

Talk to us for help with maintaining your lifestyle after separation

McCarthy Durie Lawyers can assist you to apply for an Exclusive Occupancy Order or for Urgent Spousal Maintenance. For advice and assistance please call the Family Law team at McCarthy Durie Lawyers on 07 3370 5100 or use the contact form here.