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Browse our 1 legal question about Divorce & Separation in Australia and the lawyer answers, or ask your own questions for free.
In Perth, Australia, both divorce and separation are governed by the Family Law Act 1975. Divorce is the official ending of a marriage, and it requires demonstrating to the Court that the marriage has irretrievably broken down and there is no reasonable chance of reconciliation. Separation, on the other hand, is when a couple stops living together as a couple. The couple doesn’t need to be legally divorced to be considered separated.
Engaging a lawyer in cases of divorce and separation is beneficial in various situations. First, if there are complexities around child custody disputes, division of property, or financial arrangements, a lawyer can provide valuable guidance. Second, a lawyer could help in understanding the Court procedure, your rights, and obligations. Third, if the separation is acrimonious, having a lawyer is essential to ensure fairness and objectivity in the process.
The local laws surrounding divorce and separation in Perth impact various aspects. The main consideration for a divorce application is living separately and apart for a minimum of 12 months. Also, arrangements for taking care of any children under 18 years should be in place. In property matters, time is essential. All property settlement applications in Perth should be filed within 12 months of your divorce (for married couples), or within two years of the breakdown of your relationship (for de facto couples).
Separation in Perth occurs when a couple stops living together as a couple. One partner can leave the relationship, or the couple can mutually decide to separate. The couple can still be considered as separated while living under one roof.
You must be separated for at least one year and one day before you can apply for a divorce.
No, in Perth, the divorce and property settlements are considered separately. It's crucial to note that you only have 12 months from the date your divorce becomes final to file for a property settlement.
The law in Australia allows for a reconciliation period within the 12 month separation period. However, this can't be more than three months in total, or it will reset the clock on the separation period.
The Family Law Act recommends that the best interests of the child are prioritized, and children have the right to enjoy a meaningful relationship with both their parents, as long as it is safe to do so.
There are several resources available which can assist you through separation or divorce. The Family Court of Western Australia provides detailed guidelines and self-help kits on its website. The Legal Aid Western Australia is also a helpful resource for free legal services. You can also seek advice and resources from the Family Relationship Centre.
If you're contemplating or going through a divorce or separation, it's advisable to first seek help from counseling services that can aid in decision-making or conflict resolution. If you decide to proceed, engaging a family lawyer can be beneficial. It may also be useful to familiarize yourself with the Family Court procedures to understand your rights and obligations and the potential outcomes of your case.
