icon

Explore True Cases, Judge Rulings and Law Firms.

Empower Your Decisions, Enlighten Your Research.

Free
Consultation Guidelines
Similar Case
Law Firm's Insights
Relative FAQs
I am living in Sydney, Australia. I want to end my relationship but my ex-partner won’t move out of the house that we own. What can I do?

Advice on Ending Relationships and Handling Joint Property Issues in Sydney, Australia

In Australia, dealing with joint property after ending a relationship with your former spouse can be complex. Here are some key steps and legal concepts to help you understand and navigate this situation.

1. Understand Property Division and Family Law

Australia's Family Law Act 1975 sets out principles for property division. When making decisions about property division, the court considers factors such as:

  • The assets and debts of both parties
  • The financial circumstances and future needs of both parties
  • Contributions made by each party to the family, including non-financial contributions (such as caring for children)
  • Other relevant factors such as health and age of each party

2. Attempt Negotiated Settlement

Firstly, try to resolve the issues through negotiation. Discuss with your former spouse and attempt to reach an agreement. This can be done through:

  • Direct Communication: Try to discuss arrangements for moving out and details of property division amicably.
  • Mediation: If direct communication fails, consider mediation to help facilitate an agreement. Mediation involves a neutral third party (mediator) assisting both parties in finding a solution.

3. Seek Legal Advice

If negotiation and mediation are unsuccessful, it's advisable to seek professional legal advice. A lawyer can help you understand your rights and guide you through resolving the issues legally.

4. Apply to the Family Court

If unable to resolve through negotiation or mediation, you can apply to the Family Court to resolve issues regarding property division and living arrangements. The court can:

  • Issue Exclusion Orders: If necessary, the court can issue an exclusion order requiring one party to leave the shared residence.
  • Make Property Settlement Orders: The court can issue orders specifying how joint property should be divided.

Explanation of Important Legal Concepts

Family Law Act 1975: The primary law in Australia governing marriage, de facto relationships, property division, child custody, and other family matters.

Mediation: A method of dispute resolution where a neutral third party helps parties reach an agreement.

Exclusion Order: An order issued by the court requiring one party to vacate the shared residence.

Property Settlement Order: An order issued by the court when parties cannot agree on how to divide property.

My Recommendations

  • Attempt Amicable Negotiation: Start by attempting to negotiate amicably with your former spouse to see if consensus can be reached.
  • Consider Mediation: If direct negotiation fails, consider mediation.
  • Consult a Lawyer: If negotiation and mediation are unsuccessful, seek early advice from a family law specialist to understand your legal options and the best course of action.
  • Legal Recourse: Utilize the family court system if necessary to resolve disputes.

I hope this information is helpful to you. If you have any further questions or need additional guidance, please feel free to ask.

Legal Link Finds Similar Case Law for You
Law Firm's Insights
Date
5 September 2019
Place
SYDNEY
Appellant
KLM Solicitors
Judge
WATTS,AUSTIN,REES
Highlights
The text describes a situation in which a four-year-old child was born in 2015 and the parents separated in 2017. The parents continued to live apart until March 2019, when the father sought orders that the youngest child live with him and that the mother have no parental responsibility for the child. The mother sought that the child spend supervised time with the father each fortnight at a contact center. The father's case was not successful, and he was ordered to relocate back to central west NSW to guard against the risk of the youngest child being alienated from him.
Judgment
The text contains information about the appeals of orders made on 5 September 2019. The appeals are allowed, and the orders are set aside. The parties' applications for interim orders under Part VII of the Family Law Act 1975 (Cth) are remitted to the Federal Circuit Court of Australia for re-hearing. The appellant is granted a costs certificate pursuant to the provisions of s 9 of the Federal Proceedings (Costs) Act 1981 (Cth), being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the appellant in respect of the costs incurred by her in relation to the appeal. The respondent is granted a costs certificate pursuant to the provisions of s 6 of the Federal Proceedings (Costs) Act 1981 (Cth), being a certificate that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise a payment under that Act to the respondent in respect of the costs incurred by him in relation to the appeal. The appellant and respondent are granted costs certificates pursuant to the provisions of s 8 of the Federal Proceedings (Costs) Act 1981 (Cth), being certificates that, in the opinion of the Court, it would be appropriate for the Attorney-General to authorise payments under that Act to the appellant and respondent in respect of their costs incurred in relation to re-hearing.

Valuable Law Firm's Insights for you

Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

What happens if one parent wants to move away with the child?

If one parent wants to move away with the child, they must seek the other parent's consent or permission from the court

Law Firm's Insights From  Lawren Legal

What types of child custody arrangements are available in Australia?

The types of child custody arrangements available in Australia are joint custody, sole custody, shared custody, and split custody. 1.Joint custody means both parents share the legal and physical care of the child or children, and decisions about the child's upbringing are made jointly. 2.Sole custody means one parent has the legal and physical care of the child or children, and makes all the decisions about the child's upbringing. 3.Shared custody means both parents have significant and substantial time with the child or children, and both are responsible for making decisions about the child's upbringing. 4.Split custody means each parent has sole custody of at least one child.

Law Firm's Insights From  Lawren Legal
Other FAQs You may Interested In
1. In Sydney, Australia. I have an order for the children to spend time with me but my ex-partner won’t let me see them. What can I do?2. My girlfriend and I have been living together in Melbourne for three years without being married. We jointly purchased a property here. Now, she wants to break up and take the house for herself. What should I do to recover the money I invested in the house?3. I live in Sydney and have been evicted because the person who rented the house to me was a sublessor, and they haven’t paid the rent for six months. I didn’t know they were a sublessor. What should I do in this situation?4. I’m in Sydney, Australia, and I want to file for divorce from my husband. We’ve been separated for two years, and I haven’t been able to get in touch with him since the separation. What steps should I take to file for divorce?5. In Sydney, Australia, my landlord did not give me 14 days’ notice to vacate and has threatened not to return my deposit. What should I do?
Microsoft for Startups Microsoft for Startups
UTS StartupsUTS Startups
Explore True Cases, Judge Rulings , and Law Firms.Empower Your Decisions, Enlighten Your Research.