Our Services
Separation Lawyers
Burra-Robinson Family Lawyers are here to help families navigate the difficult legal challenges around separation, divorce, child custody and all aspects of family law in Perth.
Separation Legal Advice Perth
The breakdown of a relationship can be an emotionally difficult time and often cause grief and anxiety, but Burra-Robinson Family Lawyers can guide you through the legal process if you do. Separation is the first step towards a new beginning, and we provide clear advice to help you navigate your options and get you through the paperwork so that each of you can move forward independently.
What to do Once You Separate
To understand your rights, seek legal advice. You should try to reach an agreement between your spouse/ex-partner regarding living arrangements for yourself and any children, how rent or mortgages will pay, and what happens to bank accounts and property that you share.
Time Frames
There is no time limit for filing a divorce application if you are currently married and now separated.
If you have been in a de facto relationship and you are separated, you will need to apply for a Property/Financial Settlement from the court within 2 years.
The Process of Separation
You can separate from your partner without your partner agreeing, but they must know that you are ending the relationship.
- If you are going through a separation, you will need to divide any shared property, assets, and parenting responsibilities. It is a good idea to talk to an experienced family lawyer in Perth about what you are entitled to in a separation so that you are clear on what you must do from the outset.
- A separation lawyer will help you understand how the law applies to your situation. They can also help you to start any relevant proceedings like arranging a family dispute resolution conference.
- If you can reach an agreement with your ex-partner on how to share your assets and care for your children, you might be able finalise your separation without having to go to court.
- Sometimes, it is not possible to reach an agreement about how to split assets or care for children. This may mean that you will need to go to court to have a final decision made on your behalf.
- If you want to apply for a divorce from your ex-partner, you must prove that you have been separated for 12 months and that there is no chance of reconciliation. You must file a divorce petition with the court.
Consider Child Custody
This can be a stressful time for both you and your children. It is important that you consider what is best for your child. It is important to inform your children’s school of the separation for people within your child’s life to offer support. It is also important to inform the court if any court orders are in place.
As soon as possible, you should try and make temporary arrangements concerning where your children will be spending their time, which parent and for how long. This information could be included in a parenting strategy. It must be written, signed, and dated. It is important to note that a parenting program is not legally binding.
Keep Your Possessions and Valuables With You
Be sure to have all important documents with you such as passports and birth certificates, tax returns, financial documentation, and any other appropriate documents.
Accessing financial records is crucial as it will be relevant in the process for Property Settlement.
Get Support
Do not forget to seek out emotional support and assistance from family members, friends, counsellors or community groups.
For support and guidance, it is important that you reach out to the people closest to you in order to deal with your feelings regarding your separation. You should also seek professional support during this process.
Burra-Robinson Family Lawyers recognises that separation can be difficult and overwhelming. We listen to you and will provide advice about your family law concerns.
FAQs
Separation refers to the end of a relationship between spouses, or de facto partners.
Sometimes, people disagree on the date of separation. This is not usually a problem. However, sometimes the date of separation could be important in determining how property will be divided.
The Court will consider several factors when deciding on the date of separation if there is a dispute.
- What the parties have said to one another about the relationship being over and when these comments were made
- When the partners tell other people, including children and grandchildren, that their relationship is over
- Separation of finances between spouses
- When the sexual relationship between the parties ended
- When the parties are physically separated into their own bedrooms or houses.
Separation is not determined by one factor alone.
Yes, the law does recognise that a couple may have separated even if they are still living in the same house. It is common for couples who have separated to continue living in the same home until one of them can move somewhere else or to help parent children.
This will depend upon your specific situation. It could be appropriate for the other party to pay all the mortgage, or you can contribute to the mortgage instalments.
Our family lawyers can advise you about the appropriate course of action in your situation.
We recommend that you consult our family lawyers as soon as possible after the separation, or even before, to get advice.
Breakdown Of A Relationship
Navigating family law matters can be complicated, and you deserve the very best.