Perth Divorce and Separation

September 1, 2016 – at 1:24 am – by Bodekers Family Lawyers
Divorce Lawyers Perth - Bodekers Family Law Lawyers & Mediators

Perth Divorce and Separation

Separation and divorce is a painful and tough time for anyone involved. It causes people to experience a wide range of associated emotions. It can often affect more than just your family life. Therefore, it is important to have all the information.

Our family lawyers aim to caringly guide our clients through divorce and property settlement. We help them make important decisions about their children. We understand the challenges facing you and will make this as stress-free as possible.

Perth Divorce and Separation – What is Separation?

Separation is an important concept in family law. Separation occurs when you and your partner stop living together as a couple. You and your partner do not need to agree for separation to happen. To separate you simply need to make the decision.  You should then inform your partner of the decision.  If you intend to divorce. You need to have a separation period of 12 months before the process can begin.

Perth Divorce and Separation – Things to note

Simply living apart does not mean separation. If you still treat each other as husband and wife you are not separated legally. This can happen due to work, illness or other commitments. In these situations, it’s important to inform the other party of your decision. It can make defining the date of separation hard.

Separation can occur even under the same roof. They must, however, live independently. This can be difficult to show. These cases are handled case by case as the facts will vary. In this situation an experienced family lawyer is key.

The date of separation is key to most cases. Your former partner may dispute the date of separation. To protect yourself it is a good Idea to confirm your separation in writing. This doesn’t need to be a formal document. You can use a text, email or even a social media message.

Perth Divorce and Separation – De facto couples

The separation includes de facto relationships. De facto includes same-sex relationships. Just like for marriage proof of separation is key. For example, length of separation impacts the settling financial issues.

Separation can play a part in:

  1. Property settlement;
  2. Spousal maintenance;
  3. Arrangements for your children; and
  4. child support

Perth Divorce and Separation – Getting Back Together briefly

Separation is not always clean cut. You may get back together briefly before reseparating. If this is for less than 3 months. You do not have to begin the process from the beginning. The period stands still during this time. Once again, the dates play a significant role in this. Keep a careful note in case there is a dispute.

Perth Divorce and Separation – Divorce

As we have mentioned, divorce can occur after 12 months of separation. In Australia, we exercise no-fault divorce. This is explained in the Family Law Act.  This means that they don’t consider why the divorce ended. Divorce does not determine issues such as property settlement or financial support. It simply recognises the end of marriage.

Simply getting divorced is not the end of the story. You will likely have other matters to deal with. This can include property, maintenance or parenting arrangements.

If you want to apply for maintenance for yourself or a division of property, you must file a separate application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.

It is important to have your lawyer look at your will when you go through separation or divorce. You may need to obtain necessary advice on this.

We understand that it is important for our clients to make their own decisions about divorce and related issues.

Perth Divorce and Separation – Things to note

Often people want to remarry straight after a divorce. You should not make firm plans until your divorce is final. In most cases, the divorce order takes effect one month and one day after the divorce is granted. You should not assume the divorce will be granted at the first court hearing

Married couples seeking to divorce when they have been married for less than two years are treated differently. You will need to file a counselling certificate. To obtain this you will need to attend counselling. If you cannot attend counselling, you will need to fill out an affidavit.

The 12-month separation period still applies. The two years is calculated from marriage to application.

Do you have children aged under 18? You will need to plan for your children. The court will only grant the divorce if it is satisfied that the proper plans have been made.

Perth Divorce and Separation – Our Service to you

At Bodekers Family Lawyers & Mediators we aim to compassionately guide our clients through their family law issues and assist them to make very important decisions.

We provide our clients with a complimentary background pre-read. This saves your legal fees and time. You can tell us about your case before you come in for your first appointment.

We can advise you as to whether you are currently separated and the separation process. We can also help you prepare an application or response, and represent you in the Family Court of Western Australia.

Please note this is not family law advice. It is important to seek specific family law advice.

Contact Bodekers Family Lawyers & Mediators by phone (08) 9323 7711 or email shannon@bodekers.com.au for your free pre-read and first appointment at a reduced flat rate.