When parties to a marriage or de facto relationship separate, it is not uncommon for them to continue to live separately under the one roof, while they finalise their property settlement and/or parenting arrangements. Although there can be economic benefits to such living arrangements, they are often fraught with tension and conflict.
Failing one party voluntarily leaving the family home, an application to the Family Court of Western Australia, for sole use and occupation of the family home, may be needed.
The Family Court’s power to make orders for the sole use and occupation of a family home is made by way of an injunction.
The Full Court of the Family Court of Australia has held that when deciding whether to give a spouse sole use or occupation of the family home, the Court may make such order as it thinks proper and matters which should be considered include:
It is a very serious matter to remove a party from their home and is not an issue which is treated lightly; however, where the circumstances justify it, such orders can be made by the Family Court.
If you are considering seeking orders for sole use and occupation of your family home, or an application has been made to remove you from the family home, our Family Law team are able to provide you with advice and assist you in making or defending such an application.
Concerningly, self-isolation and social distancing restrictions may also see a rise in incidences of family violence in the family home.
Below are relevant contacts and helplines for victims of family violence: