Separation occurs when you and your partner stop living together in a marriage or marriage-like relationship. This can be a painful and difficult time for people as they experience a wide range of associated emotions. You and your partner do not need to agree for separation to happen. At least one of you needs to make the decision to separate and act on that decision by telling the other person. In some instances, separation can occur even though you and your partner continue to live under the one roof.
The concept of separation is the same whether you were married or in a de facto relationship (which includes same-sex relationships). For either de facto relationships or marriages, you may need to be able to prove when the separation occurred. For example, in a de facto relationship the date you separated will impact how long you have to settle financial issues. Where a marriage has ended, you cannot apply for a divorce until you have been separated for a period of longer than 12 months.
The types of family law issues you may need to deal with following separation may include divorce, property settlement, spousal maintenance, arrangements for your children and child support.
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.
Bodekers Family Lawyers & Mediators can advise you as to whether you are currently separated and the separation process. We are also able to assist you in preparing an application or response and can represent you in the Family Court of Western Australia.