FAMILY LAW FACT SHEETS

1. Who has to leave the house and do I lose out?
   No one has to leave the house. Often it is just emotionally and physically safer for both of you and for the children for one person to leave.
   If you do leave the house without your children then you can face significant disadvantages.
   If you move out:
   - you will often be the one who needs to start the ball rolling to get your entitlements; and
   - you may never get your fair share of the household contents unless you do this when you leave.
   
2. When can I see the children?
   Often one person has been the primary caregiver for the children and usually they will become the parent with whom the children reside, you can object to this being in the best interests of the children.
   The children have contact with the other parent. It is often best for the children and you if you and your partner can agree on these arrangements as they will be easier for you all to use in the future.
   
3. My partner says she is moving interstate or overseas with the children, what can I do?
   If you don't give permission and your partner moves then they can often be forced to move back.
   Speak to us straight away as you must act quickly.
   
4. Do I have to pay the mortgage?
   This is a matter for agreement until your property settlement.
   Usually the person living in the house is seen as a tenant who should pay a fair rent for the house. A fair value is often represented by the amount of the mortgage repayments.
   
5. Who gets the car?
   You usually keep the car you were driving when you separated and an adjustment will be made in the final property settlement for its value.
6. Can I use our joint account?
   Yes, you can use joint funds but remember that what you use will be counted in the final property settlement.
   Do not drain the account; it is not a good start to your future negotiations.
   
7. Who pays financial support for the children?
   The residential parent will bear the primary cost of caring for the children but the other parent will pay Child Support.
   The base amount that must be paid is calculated on the parents. respective incomes using the formulae; these can be obtained from the Child Support Agency.
   
8. Can I change the locks?
   Both you and your partner have the right to live in the house.
   If your personal safety or privacy are compromised, or if your partner has moved themselves and their personal possessions out then you can change the locks.
   
9. What information should I first take to my lawyer?
   Have a good idea of what result you want and feel free to bring a friend. Take details of assets and liabilities at the date of commencement of your relationship and as at the date of separation, the date of marriage, date of birth of children, income details, superannuation statements and details of financial and non-financial contributions.
   Once we have a broad idea of what your case involves we can then advise you on your options and get the further details that we need from you to get the result you want.
   
10. How do I get legal advice and what will it cost?
    Contact us on 8210 1200 and if we cannot help you we will tell you who can.
    Apart from your legal fees there are also Court imposed filing and other fees, in some cases these can be waived.

Please note all Family Law information contained on this site is specific to Australia and the De Facto Law information is specific to South Australia only. These fact sheets are not intended to constitute or to be a substitute for legal advice. If you wish to obtain any further advice specific to your case please contact one of our Family Law Team.
Brendan Murray (Partner) Jill Miller (Partner)