Go to content

Trouble making your home loan payments because you have separated from your partner?

There are things you can do:

  • Get advice about your rights

    It is never too early or too late to get advice. Please see below for details about where to get help.

  • Negotiate

    Talk to your lender about changing or reducing your payments for a period of time.

  • Lodge with the EDR

    You can complain to an External Dispute Resolution (EDR) scheme if you and your lender cannot agree on a solution. EDR is free and user-friendly.
    Depending on which EDR scheme your lender is in, you can lodge a complaint with either the Financial Ombudsman Service (1300 780 808, www.fos.org.au)
    or the Credit Ombudsman Service (1800 138 422, www.cosl.com.au)
    Once you are in the EDR, the lender cannot take any legal action against you about the money you owe until the dispute is finalised.

Where can you find help?

LawAccess NSW

Provides free telephone legal information, advice and referrals to other services, including to your nearest Legal Aid NSW office
phone 1300 888 529
www.legalaid.nsw.gov.au
www.lawaccess.nsw.gov.au

Financial Rights Legal Centre

A Community Legal Centre that provides free legal advice, assistance and online resources:
phone 1800 007 007
www.cclcnsw.org.au


Credit and Debt Hotline

For free financial counselling over the phone or to find a financial counsellor in your area:
phone 1800 007 007
www.cclcnsw.org.au
www.fcan.com.au

This information is intended as a general guide to the law. It should not be relied on as legal advice and it is recommended that you talk to a lawyer about your particular situation.

At the time of updating, the information shown is correct but may be subject to change. If you need more help, contact LawAccess on 1300 888 529.

A print copy of this brochure may be ordered online.

April 2014