Why is separation date important?You may be required to prove the date of separation if it is disputed.
With this in mind it is best to confirm your relationship separation in writing, even a text message will suffice if it can be saved and dated approximately the same time that you have separated from your relationship. The date of separation may be an important piece of information in property settlement cases (de facto or married). |
How long must I be separated for ?In cases of divorce, the date of your separation will be noted on the divorce application and is sworn or affirmed to be a true statement by the person making the application.
If you are unable to prove that you have been separated from your ex-partner for a minimum of 12 months or more before you file your divorce application, then the Court will not grant a divorce. |
Proof of De Facto relationship
In order to bring an Application to the Court for a de facto matter (be it by consent or otherwise) the parties must fit the jurisdictional requirements set out in the legislation.
In order to qualify, the relationship ought to have lasted at least 2 years, otherwise, there may be no jurisdiction for the Court to be able to adjust property interests. However, the above it no the only requirement, there are others which Platinum Legal can explain to you. There are also exceptions to the above, which Platinum Legal can advise you upon. |
But we are still living together !!It is not uncommon for separation to occur under the same roof. The process can be gradual.
You can still apply for property settlement even if you are still living together. Separation under the same roof does not preclude property settlement negotiations and litigation for property settlement (if necessary). |
Where to start ?If you are thinking about separating and would like to speak with one of our Perth separation lawyers,
please feel free to call or email us with your concerns, we are keen to listen and help you to get on the right path. Please do not be surprised if we ask you to come in and make an appointment, it is often difficult to provide advice on the telephone as we find that people better understand concepts when they are explained face to face. GENERAL ADVICE LINE: (08) 9473 1111
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Decisions to make.When a separation or divorce takes place
There is a good chance that you and your former spouse have some big decisions ahead of you in regards to the future care of your children, property, money and other belongings, Platinum legal can help you formalise any agreement you need for property settlement and child custody parental arrangements. It is always our preference to negotiate matters and avoid litigation. This is always best for families, if it can be achieved. |
Contact Us |
EMAIL ADDRESSTELEPHONE NUMBERT: (08) 9473 1111
F: (08) 9473 1112 MAIN ADDRESS:Suite 3, Level 1, 58 Walcott Street, Mount Lawley WA 6052
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Family Lawyers Perth: 08 9473 1111