Should I leave the matrimonial house or unit? Should I stay or should I go?
- Jul 1, 2015
- 2 min read
By Lisa Ruggero-Salerno
That is a question that is always asked.
At Vizzone Ruggero Twigg Lawyers it is important that you make an appointment as soon as possible and have a consultation to decide on things that need to be talked about and discussed prior to making any final decision to leave or separate from your partner.
You would be surprised at how many times your spouse, husband, wife, has already obtained advice without you knowing it.
If you believe that your marriage/relationship is not working and that you need legal assistance, contact Vizzone Ruggero Twigg Lawyers on 9667 1271 for proper legal advice on your family law matter.
Once you move out of the matrimonial home, house, or unit, the other side who remains in the property will not be anxious to settle.
Even though the marriage has irretrievably broken down, you will be at a disadvantage in negotiations. When the matter goes to the Family Court or the Federal Circuit Court, the Judge does not consider who left or the reason for leaving. The only ground required is that the marriage has irretrievably broken down. This is because since 1975 Australia has had a no fault divorce system.
It is always best to come to a decision amicably before moving out and then to have that Agreement put into writing and approved by the Family Court or the Federal Circuit Court. .
If there is abuse and you fear for your safety then you should contact the police who can then apply to a Local Court to obtain an Order in your favour removing the perpetrator from the matrimonial home, house, unit. In the event that the Police will not take action, you may also consider instructing a lawyer to seek the Order on your behalf. At Vizzone Ruggero Twigg Lawyers we offer a one stop shop and have an in house lawyer who regularly appears in AVO (Apprehended Violence Order) proceedings
Lisa Ruggero-Salerno Accredited Family Law Specialist
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Lisa Ruggero-Salerno is an Accredited Family Law Specialist who has almost three decades of experience and success winning family law cases. Lisa regularly acts in family law cases that are before the Family Court of Australia, the Federal Circuit Court and the Family Court of Appeal. If you wish to discuss your case with her, please call her Secretary Melissa Full on 9667 1271 or mf@vrtlawyers.com.au to arrange an appointment to see Lisa at either our Mascot or Sydney CBD office.
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