There are several important factors to consider before you pack up and move out, on both the financial side and dealing with custody if you have children. For most marriages, the marital home is the largest asset. As long as the home was purchased while the couple was married, it is generally considered part of the marital estate and the value should be split.
However, moving out prematurely can lead to other financial complications. On top of legal fees, this can be a devastating financial blow that is completely avoidable if you just find a way to continue living in the marital home while the divorce is under way.
Additionally, problems are compounded significantly when children get involved. When you are living in the same home, you have daily interactions with you children, but when you move away, you inherently have less time with the kids.
It is imperative that you have an agreed upon, and preferably court ordered, placement schedule established prior to either party moving from the residence. The potential emotional impact on children when their family unit breaks down cannot be underestimated. For that reason, it is advisable not to move out of the family home until arrangements have been agreed as to when and how often the children shall spend time with you once you have left. These arrangements can be discussed directly with your ex-partner or spouse, in Mediation or via solicitors.
As a last resort, if discussions break down or your ex-partner or spouse is refusing to engage with you, court proceedings can be issued in order to establish regular and defined arrangements for the children. If you do move out without finalising the arrangements for the children beforehand, unfortunately it is not uncommon to find that the party in occupation at the family home and looking after the children may try to control the arrangements.
This can create an unsatisfactory situation where you are left seeing the children less than you and they would like and could adversely affect you if you later have to issue court proceedings to increase the amount of time that you spend with them. The content of this website does not constitute legal advice and is provided for general information purposes only. We know how difficult divorce and separation can be, so we offer an initial one hour fixed fee consultation with a fully qualified lawyer, to help you make an informed decision about how to proceed.
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Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter. Skip to content. Jun 1 It is not uncommon for one spouse to leave the matrimonial home during divorce. If you need advice on moving out of the family home, please contact our specialist family and divorce lawyers for advice on any aspect of your divorce or separation at E: mailto:hello flip. If you are thinking of moving out, however, there are some pitfalls to bear in mind: Is it the right thing?
Protection from dealings When you occupy a house, the legal owner cannot sell it free of your claims. Reducing value When you live in the home you can monitor and protect it. The mortgage and outgoings In any event it would make sense to ensure that any mortgage company is aware of the situation so that no further draw-downs on the mortgage borrowing are permitted.
And this takes us to: Is it affordable? And this takes us to: Process and taking these steps by agreement If you do not have control over the finances, then clearly there needs to be an agreement in place to enable the new home to be funded whilst long term arrangements are reached. Transition costs The process of establishing a new home is an expensive one: there may be removals, there may be deposits to pay, there will be connection fees and so on long before there is any question of meeting the monthly costs.
Think too about the period of rental and whether any break clauses are appropriate. Often, a key component for the court when it comes to dividing assets is to assess needs. Clearly this needs careful thought. It does not mean that the move should not take place — just that a clear strategic approach is needed.
The contents Our experience of moving out is that it is pretty hard to go back. It is our general strong recommendation that: You take with you all your personal effects; If you cannot, then you put them into storage; or if it can be done by agreement and feels safe that storage costs are avoided by boxing up your things and storing them safely somewhere in the home, for you to receive at a later stage.
Leave discussion about contents to the end of the list of things to decide at your peril. You will also decide, presumably, on an allocation of the cars if this is not already clear.
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