Separation lawyers in Perth (Western Australia) or any other city in Australia aid couples who want to separate with many family law matters. Firstly, we should differentiate divorce and separation, since the two are often used interchangeably. Divorce is the legal separation of a married couple that generally includes a complex legal process.
On the other hand, separation is like “breaking up” with the other partner and refusing to cohabitate with them any longer. But why do people seek separation lawyers and divorce lawyers in Australia for their family law issues? This is because these people will often have difficulty making decisions, especially fi they are not married. Here are some decisions that separating or divorcing couples may need to make.
Key Decisions on Separation and Divorce
- Who will the children live with? The mother or the father?
- How will the couple settle their financial agreements after separation?
- Property settlement and child custody decisions with the former partner
- Will both spouses have the ability to live on their own after separation?
- How can a spouse report a violent or abusive partner in the household?
- Obtain legal advice from family lawyers
Experienced divorce lawyers and separation lawyers in Perth and divorce lawyers will set out couples’ rights and options during separation. Once separating or separated couples obtain legal advice, they can manage their emotions, decisions, and finances easier. This article will discuss the importance of seeking advice from separation lawyers in Perth and divorce lawyers in Australia.
Requirements for Separation According to the Family Court
According to Section 49 of the Family Law Act 1975, married parties can separate if they cannot live together any longer. They may also remain separated even if they are living under one roof. However, according to family law, the separated couple must prove that they aren’t doing anything that may lead to repairing the relationship such as:
- Sleeping together in one room
- Doing household chores for each other
- Still wearing their wedding rings
- Doing social activities separately
- Engaging in sexual activities
- Still informing their friends, families, or the public that they are still together.
One or both of the couples can make the decision of separating from each other with the other’s knowledge. Moreover, one of them may decide to move out of the marital home or apartment. Before doing so, it’s important that these couples seek the advice of family lawyers. They may also inquire what family law says about moving out of the marital home after divorce or separation.
What Is Centrelink?
Separated couples may also need to inform Centrelink of the separation if they receive benefits or if they need financial or spousal support. Centrelink is an Australian agency that handles financial matters for Australians like child and spousal maintenance. For instance, separated parents may need help with child support arrangements now that they’re separated.
They offer different payment arrangements for parents who have trouble keeping up with child support payments. Partners who are concerned about legal matters must contact separation lawyers in Perth and divorce lawyers in Australia.
Case Study Example
The case of Campbell & Cade [2012] explains the need for separation lawyers in Perth and divorce lawyers. Mr Campbell (husband) filed for a divorce application and claimed that he separated from Ms Cade (wife) on July 25, 2009. In response, Ms Cade contradicts Mr Campbell’s assertion that the two of them have been apart for 12 months.
Ms Cade’s Claims
According to Section 48 of the Family Law Act, couples must show that they have been separated for 12 months before applying for a divorce. Despite the husband leaving the marital home on July 25, 2009, Ms Cade believed that their marriage was still intact. This was still the case even though they were living separately in different homes. She claimed that they also continued to:
- Have sexual activities
- Attend social events together such as lunches, dinners, and even karaoke
- Share a bank account
Mr Campbell did not mention separating from Ms Cade at the time he moved out of the marital home. Hence, Ms Cade believed that the marriage was still continuing even though they were living apart. Mr Campbell did agree that they were attending such social events as his wife mentioned. However, he defended that the joint bank account was mainly used for child maintenance purposes.
Court Findings
Mr Campbell expressed his intention to his former spouse that he wants a divorce in September 2011. In this instance, the Family Court must consider that the divorce application was submitted on December 2, 2011. Therefore, Mr Campbell must demonstrate that both of them divorced and have since lived apart from one another starting on December 1, 2010.
The Family Court concluded that the parties maintained regular interactions at least through November 13, 2011. The couple also continued to attend various social events, therefore, presenting themselves to the public as a couple. Mr Campbell did not raise his intention of divorcing until September 2011. In March 2012, Ms Cade wanted to end their relationship and wanted a property settlement.
The Judge’s Decision
The judge then concluded that both partners were still acting like a married couple since they were still attending social events together. Furthermore, they were also maintaining a regular sexual relationship with each other and operating a joint bank account. This was not enough proof for Mr Campbell’s divorce application and then failed to prove the separation. As a result, the family court dismissed Mr Campbell’s divorce application.
Takeaway From This Family Law Case
The case above shows that a person applying for a divorce application must first prove the separation. Courts will deny divorce applications if they find out that separated couples still engage in activities together. Separation lawyers in Perth and other Australian cities can help a person prove their separation through proper fact-checking.
Separation lawyers in Perth and Sydney can also gather evidence in order to prove the separation and ensure that their clients can easily apply for a divorce application. Court proceedings should be treated as a last resort for people who are in dispute over separation. Divorced or separated couples should seek legal advice about family and divorce law before choosing a court hearing.
Inquiring With JB Solicitors’ Divorce Lawyers
Instead, disputed partners can opt for family law practice such as JB Solicitors’ mediation services where they can sit down and attempt to resolve their conflicts. with our best divorce lawyers. Our mediation services can help couples settle disputes in family law matter amicably without going to court. This includes having experienced family lawyers that will provide legal advice to resolve separation disputes.
Not only is this a cheaper option for separated partners, but this also helps them focus more on property settlement, child support payments, and child custody arrangements. We also have fixed fees for all of our legal services so clients get the best legal advice regarding separation. Contact a family lawyer today for any matters related to separation.
