We're separating and we have children - should I move out on my own? - Moving out of the Family Home

Never leave the matrimonial home before getting legal advice. The family home is often the family's single biggest asset. Leaving the home increases your costs and often delays settlement.

When children are involved there is even more reason to remain in the home. It's critical you continue to involved with your children on a daily basis to decrease their stress and sense of abandonment.

In disputed house possession cases, a court will look at whether it's impossible for the spouses to share the home. If so, a Judge will focus on who has custody of the children often allowing this unit to remain in the home, and whether alternate accommodation is available and affordable, whether there is family violence that require a spouse to be removed and finally whether the parties can each alternate use of the home on a bird's nest arrangement whereby the children remain in the home and the parents alternate moving in and out of it.

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