Divorce and the rental crisis – how it could affect you
Australia’s rental crisis is having an impact on families and family law cases.
With the cost of rent rising beyond wage increases, and the diminishing number of properties available to rent, more families are feeling the pressure and for many separating couples that pressure is even more acute.
For single parents, 82 per cent of whom are sole-parenting mothers, it’s a serious financial burden and the troubling concern is that it may mean that some women are being forced to stay in a violent or abusive home simply to keep a roof over their head.
Speaking to The Guardian, Terese Edwards, chief executive of the National Council of Single Mothers and their Children, said giving up the family pet was one of the choices families were being forced to make.
“I think [the rental market] is the most bleak and fierce that I’ve witnessed in over 12 years,” she said.
“Vacancies are incredibly minimal, there is a lot of competition for them, and a lot of time and emotion is spent trying to find secure accommodation.
“I’m hearing from a lot of women who have already really reduced their needs and ambitions, and they are still missing out.”
And even if you have a home to sell, it’s still not easy, with property prices skyrocketing.
When couples separate, it is not uncommon for one person to want to keep the matrimonial home.
Particularly if you have children, one parent prefers to stay in the family home to provide some stability.
Due to the unprecedented rise in property values, it is becoming increasingly difficult for one person to borrow additional money from the bank to “buy out” their ex-partner.
And in cases where the house is sold, both parents then have to re-enter the property market to either rent or buy.
EXAMPLES OF FAMILY LAW ISSUES
RELOCATION AND PARENTING
If rental accommodation can’t be found locally, the primary carer parent may need to look at moving some distance away for a more affordable rental. This immediately creates a ‘relocation’ challenge as it will impact what time the children can spend with each parent.
SPOUSE MAINTENANCE
If at separation there is a significant income gap between the parties, the higher income earner may be required to provide financial support to the lower income earner by way of spouse maintenance. One of the factors in determining the amount to be paid is the ‘reasonable financial needs’ of the lower income earner and increasing rental rates are going to mean higher spouse maintenance payments.
DOMESTIC VIOLENCE
People experiencing domestic and family violence while living together in rental accommodation have rights under the Residential Tenancies and Rooming Accommodation Act 2008. This applies whether they are a tenant named on the tenancy agreement or not. In particular, a person can apply to the Queensland Civil and Administration Tribunal (QCAT) for an order to:
- Be recognised as the tenant
- Remove the name of the perpetrator from the tenancy agreement
- Restrain the perpetrator from causing further damage or injury
- Prevent the victim’s personal information being listed in a tenancy database where a breach of the tenancy agreement is a result of the actions of the perpetrator or
- Terminate the tenancy agreement altogether.
If a person is making an application for a protection order to a Magistrate’s Court, the person can also make an application for the above-mentioned orders under the Residential Tenancies and Rooming Accomodation Act 2008 to the Magistrate’s Court, rather than to QCAT.
To get help with rental issues, go to: www.qld.gov.au to find information on services such as RentConnect and the National Rental Affordability Scheme. The Tenant Assist QLD and Housing Assist QLD apps could also be helpful.
Anyone experiencing domestic violence should call Triple Zero 000 in an emergency, or 1800 RESPECT (1800 737 732) for advice and assistance.
If you need legal advice on your living situation, property settlement, custody arrangements or any other aspect of family law, please contact our office. The family law experts here at Michael Lynch Family Lawyers are here to help you through this time. Call: (07) 3221 4300 or email: [email protected]
