Marriage Separation in Australia

In many cases, separation after the breakdown of a relationship is traumatic and stressful. It is important to do what you can legally to protect yourself and your interests. There are legal rights a family lawyer can help you with. You might also consider marriage counselling Perth to help with talks and negotiations. Here is some important information on what you need to know for this process.

Your separation date is very important

Whether you’re in a de facto relationship, or a marriage, the date of your separation is very important and it helps document it. The best way is to have a written document signed by both parties. Text messages or emails where both parties agree on the date of marriage separation are a helpful alternative.

The reason that the date is important is twofold. It is important when it comes to property settlements being finalised and for when an application for divorce can be made. The court cannot agree to a divorce unless you can prove you have been separated for 12 months. Should there be a dispute during the divorce over the date of separation, it will delay the divorce.

What if each party does not agree on that date?

If each party has a different date for the separation, this impacts property settlement and the value of assets at the time of separation.

Factors that determine the separation date

The problem with the marriage separation date is that sometimes the process is more gradual where both might stay living in the same home. Things that affect that date are;

1. If the parties continued sexual relations at any point after the agreed separation date
2. If they are financially still dependent on each other past the agreed separation date
3. If domestic duties were still happening past the agreed separation date such as washing, cleaning or cooking
4. If any government offices were notified
5. If anyone was made aware of the separation date outside the couple such as friends and family

Decisions must be made promptly concerning assets and children

Separation even with marriage counselling Perth is a hard process, but it is important to try and keep the situation uncomplicated, if you want an easy process when it comes to property settlement and divorce. The sooner the big decisions are made, the better, and having accurate legal advice is also important. Even if certain issues are not resolved, an agreement on your separation date is key to a smoother process.