Divorce and Provisional Provisions | Legal Aid

Questioner

My partner and I are separating. We have a joint home, where we currently live with my 3 children. The home will have to be sold. Living together until then is not an option, but my partner does not want to leave. Can I apply for a temporary provision, so that I can continue to live there temporarily with the children?

Lawyer

Yes, that is possible, depending on the type of relationship you have. Marriage, registered partnership, living together with a cohabitation contract, without a contract, etc. etc. For one cohabitation you must go to the provisional relief judge and for the other to the family court, for example in the case of a marriage. The judge will issue an injunction if someone else has an interest in it, there is an urgent interest and the judge weighs the interests of the parties against each other. So the outcome is not necessarily that you get your ex out because you want to.