Can I Change the Locks After Separation?

Separation is an emotional and stressful time, and many clients ask whether they can change the locks on their home after their partner leaves. The short answer is usually yes, but that doesn’t always mean you should.

The Legal Position

In Australia, if you own or lease a property solely, you generally have the right to change the locks. Even in jointly owned properties, there is no law preventing it. However, unless a court order is in place, the other owner or tenant may still have the right to change the locks back and enter.

When Changing the Locks Is Justified

Safety Concerns: If there is a history of family violence, intimidation, or threats, changing the locks may be necessary. A family violence intervention order (FVIO) or apprehended domestic violence order (ADVO) can provide additional legal protection.

Exclusive Occupation Orders: The Federal Circuit and Family Court can grant one party the right to live in the home and exclude the other. If safety is a concern, changing the locks may be recommended even before this order is sought.

Establishing Boundaries: Even in amicable separations, setting clear boundaries is crucial, particularly when one party has moved out but still has access to the home.

When Changing the Locks Might Not Be the Best Idea

• If the home is jointly owned, the other party may still have a legal right to enter unless a court order states otherwise.
• Unilaterally changing the locks can escalate tensions and complicate property settlements or parenting arrangements.
• The excluded party could apply for a court order to regain access, potentially impacting your own legal position.

Real-Life Examples

1. Safety First: Sarah changed the locks after her ex partner repeatedly entered unannounced and verbally abused her. In addition to changing the locks, she could secure an intervention order preventing his return.

2. Unfair Exclusion: Michael changed the locks while Emma was at work, barring her from their jointly owned home. She obtained a court order restoring her access.

3. Respecting Boundaries: Jake changed the locks after his amicable ex partner entered without warning. He communicated the change due to his desire to maintain privacy while allowing access by arrangement.

Steps to Take Before Changing the Locks

1. Seek Legal Advice: Umbrella Family Law can help assess your rights and obligations.

2. Consider a Court Order: If safety is a concern, an FVIO or exclusive occupation order may also be necessary.

3. Communicate When Possible: If safe, discussing the decision with your former partner can prevent unnecessary conflict.

Conclusion

While you can change the locks after separation, it’s a decision that should be carefully considered. If safety is a concern, legal protections like intervention orders can also help. As always, if you or someone you know is in immediate danger, contact the police.

Still unsure? Call us on 03 929 6800 or email theteam@umbrellafamilylaw.com.au