ABSTRACT

You do not need to take any further action at this stage; you should simply continue living in your property. But if your spouse wishes to stay as well, note (see above) that they have matrimonial home rights until the divorce is finalised and you cannot, except in certain very limited cases (such as in an incident of domestic violence (see Chapter 8)), insist they move out earlier. Even If your spouse leaves the family home, they may still be able to obtain an occupation order giving them the right to re-enter your property and live in it again. If you want them to leave and they refuse, seek legal advice before doing anything more.