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What Are The Different Legalities Involved In Legal Separation Vs. Divorce In Perth?

Posted by divorcelawyersblog on April 14, 2021

Family breakups are the most painful and stressful things, which many families go through. The circumstances of both parties change immediately when the marriage or a relationship goes downhill. These changes come several legal responsibilities and rights that are associated with them. In Australia, you need to keep in mind that the divorce process is a different method when it comes to resolving other Family disputes.

In this modern world, Australian law has recognized that relationships take various forms. According to that, the law protects rights to same sex de facto couples, married couples, and heterosexual de factor couples. 

Divorce Vs Separation: What’s The Difference?

Family law stands out to be a highly complicated area of the law. To gain a proper understanding, you must seek help from divorce or separation lawyers Perth, who have experience in such areas. In the area of family law, the first thing you gain an excellent understanding of is between divorce and separation. Given below is a brief introduction to both divorce and separation, which you should know of. Check below!

  • Divorce:

In Australia, when a couple has decided to divorce, they are required to live separately from each other for 12-months. Once the 12-month period is over, they are free to apply for divorce. There have been some recent changes within the Family Law. These changes have enabled the separated de facto couples to have the same rights as the married couples when it came to financial and property settlement. 

Also, within the area of divorce, the separation will get assessed upon the facts of a particular situation. The Australian Family Law will not cover the fact about the individual who is responsible for the relationship breakdown. Couples who are separated do not have to divorce, but to be on the right path, it will be better to contact the divorce separation lawyers to have an excellent understanding of the legal implications of staying married. 

  • Separation:

In Australian Family Law, separation is defined as a term where a de facto relationship or marriage comes to an end. This is pretty different from the divorce date, and there is no need for you to officially register your separation with your partner. The separation between a couple can also take place when they have been separated under one roof. Separation is different from a divorce, and it has its regulations, which you need to follow. 

If you have no idea about separation and what it means, consulting this matter with an experienced and qualified lawyer will be the best thing to do. Doing so will help you obtain the right advice on your situation. Although you do not require any separation documentation, you have to inform the agencies, such as Centrelink or Medicare, about this matter. 

What Are The Legalities Of Divorce And Separation?

Since divorce and separation are two different things in Australia, so their legitimacy will also be different. To know what they are, check the information below!

  • Parenting Arrangements:

When the marriage between you and your partner goes downhill, you must make all your decisions within the best interest of a child, only if you have one. The Family Law Act states that both the parents have a part to play when it comes to taking care of a child until and unless they turn 18 years of age. Just because the relationship has changed that doesn’t mean the responsibilities for your child will change as well. The best interest of the child stands out as the primary consideration by law. Following the separation, you need to make all the arrangements for the child or children. Under divorce, the parenting arrangements are completely different and will get initiated once separation takes place. 

  • Spouse Maintenance:

If you have decided to separate from your partner, you need to provide spouse maintenance. The arrangement for spouse maintenance covers all the regular expenses for the individuals who were not the breadwinner of the house. In other words, when one partner cannot support themselves but the other partner does, the Family Law Act creates an obligation. 

This particular obligation is directed towards the partner that can support financially the other partner, including upon relationship breakdown. To gain more information about spouse maintenance, you must contact the divorce lawyers to understand the area clearly and what it has in store.

Ending Note

Whether you wish to separate from your partner or apply for a divorce, the choice depends on you and your significant other. The path you choose is pictured as a personal decision, and it also depends on your family’s situation. Rather than making a decision blindly, taking the guidance of a trusted and reliable lawyer will simplify the work.

They will help you make the right decisions and point you towards the correct path when it’s about divorce or separation. Consulting with the experts will also enable you to learn about family law with no hassle. 

Category: Divorce Lawyers Perth WA,

Tag: divorce lawyers, Divorce Lawyers Perth, divorce solicitors, separation lawyers perth, spousal maintenance,


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