What happens if we cannot stay under one roof during our separation?

Whist an amicable separation is always the aim and hope, maintaining this whilst continuing to live together can, at times, be challenging. Sometimes a little space whilst sorting out the financial arrangements is needed, particularly whilst continuing to co-parent effectively.

There are many options available to families that find themselves in this position. What, therefore, are the practical steps that can be taken? Note that it is a good idea to exercise caution and seek advice before agreeing any such arrangements:

1. One party can move out voluntarily

Whether bymoving in temporarily with friends/family or taking on a rental property. If moving into rented accommodation, discussions about how two households are to be funded in the interim must be considered and should be agreed between you to avoid financial hardship and concerns by either party in meeting their own household expenditure.

Whilst often a practical solution, be aware that leaving the family home (whether on a temporary or longer-term basis) can create difficulties in being able to return and/or control any future marketing of the property later on even though just moving out will not change your legal ownership of the property. It is strongly recommended that you seek legal advice before taking this option.

2. Nesting Arrangement

A nesting arrangement is where the children remain in the family home and each parent lives in the property whilst the children are in their care and vacates whilst the children are not. This keeps stability and consistency for the children during the transitional period, whilst maintaining a period of physical separation between the parties.

Whilst advantageous to the children, it can leave to the adults ‘living out of suitcases’ and difficulties as to who pays for what during their time in/out of the home can arise. It also requires a high level of trust between the adults for this to work effectively and, ideally, some agreed ground rules about the arrangements before you attempt it.

3. Agreeing to divide the Family Home

There are times when the property is of sufficient size/design that the parties can agree that it be shared, with each party occupying certain rooms with agreements in respect of shared facilities.

This is often more appropriate when parties are amicable. It is more difficult where there are children (creating an artificial division) and/or where the parents are not speaking to each other because as with a nesting arrangement, it requires a good level of trust and some agreed ground rules to be truly effective.

4. Occupation Order

An Occupation Order his is where the Court (following an application being made) determines who should reside in the property. Such an order can restrict one party from areas of their own home or, in certain situations, exclude them from the house entirely for a set period.  These are draconian Orders and sought only as a last resort, particularly where there has been domestic abuse. When determining whether to make an Occupation Order, the Court considers:

a.           The balance of harm test – whether the person applying for the Order or any child is likely to suffer significant harm if an Order is not made. If so, then the Court must make an Order unless in doing so, the harm caused to the other party or child is as great or greater than the harm to the person applying or child.

b.           If the balance of harm test is not satisfied, then the Court may use its discretionary power to make an Order after considering:

i.             The housing needs and resources or each party and any child.

ii.            The finanical resources of the parties.

iii.           The likely effect of any Order on the health, safety and/or wellbeing of the parties and/or any child.

iv.          The conduct of the parties.

Navigating separation is often challenging and considering your living arrangements pending any final agreements in respect of financial matters can be difficult.

It is advisable to seek the help of a family law solicitor before making any such decisions. The Geldards Family Team can assist you with any such questions or concerns.