Frequently Asked Questions
Separation
Now that we have separated who will occupy the home?
Generally you decide between you who will occupy the home following your separation. The Court has the power to make an order regarding who will occupy the home, however this is only done in exceptional circumstances. If the Court makes an order regarding occupation of the home, this is merely a temporary order and does not provide for any division of the property between you.
Who will pay the mortgage?
Until a property settlement is made you will continue to be liable for the mortgage on the home. You may be able to come to an agreement between you, generally the non occupying party is paying rent and will therefore contribute less to the mortgage. Remember that even though you may not be residing in the property, you will still be liable for any mortgage which is held on the property until a transfer of title is completed.
Am I relinquishing any rights by leaving the home?
You will retain your rights in relation to the home, despite not being in occupation. If you are planning on leaving the home it is important that you take any personal papers with you. You may also wish to take your personal and household possessions with you as it is sometimes difficult to collect these once you have left the home.
Am I entitled to any financial support benefits?
As you have separated from your spouse/partner you should re-assess your financial position and whether you may now be eligible for Centrelink or other benefits. If you have the care of the children you may be entitled to a pension or benefit for their care. You may also wish to contact the Child Support Agency for an assessment regarding child support entitlements. We are also able to provide advice on your child support entitlements. Please follow the links below for Centrelink and Child Support Agency for further information on benefits you may be entitled to.
Do we have to be divorced before an Order can be made regarding the children and property
No an Order or agreement can be made any time after separation for arrangements for the children. If you are applying for divorce the Court will need to be satisfied that adequate arrangements are in place for the care of the children before a divorce is granted. Once a divorce order is granted you have only 12 months to make an application for a division of property without requiring leave of the Court to make this application.
How long do Orders relating to children last? 
Where there are Orders filed with the Court for the arrangements for the children, they will be in place until the child turns 18 or until the Orders are varied or cancelled.
What if I have received an inheritance during our relationship, is my ex entitled to this?
An inheritance is considered to be a contribution to the assets of the relationship by the person who received it. Whether you retain the inheritance depends on the same factors as those in assessing a division of assets including length of the relationship, future needs of the parties. For more information on dividing the assets of the relationship please see the Property Division section.
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