When you separate from your partner the first thing you might want is some space. Unfortunately, the realities of the situation are you need to work out a living situation for both parties.
If You Partner Goes Away for Work or Even Just Pops Out for a Round of Golf, Can You Change the Locks?
The simple answer is yes, however this does not mean that your ex-partner cannot re-enter the property, even if this means they need to break-in. If there are children involved in the divorce this can be quite an upsetting thing for them to witness, so it might be time to seek legal advice and do things properly.
Some spouses decide that they want to move out as soon as the relationship ends, this might be to get space, pursue a new love interest or simply to move forward. However, after seeking legal advice the partner might move back to the marital home to stake their claim on the property, or to ensure nothing is used against them during child custody proceedings and it is very little you can legally do about it.
What Can You Do to Stop Your Ex-husband or Wife Returning to Your Marital Home?
If you have been the victim of domestic violence or you and/or your children have been threatened by your ex-partner, you might be able to get an order of protection. False claims, however, will not sit well with the courts, so only pursue this route if you have a legitimate concern for your and/or your family’s safety.
You can file for exclusive possession through the court. If your partner has already filed for separation and has left the marital home, you might be able to seek sole possession.
The important thing to do in these cases is to seek legal advice before you do anything rash. Whilst emotions are running high it is important not to do anything that can affect your future case. Call Collective Family Law Group on the Gold Coast & Brisbane, we will be able to sit down and discuss what your rights are and how to move forward.