Breaking Free: How Separation Lawyers Can Help You

By Legal Crunch

Family Law

November 20, 2019Edited by Admin

0

Do you want to break free from a relationship that has gone south? Well, you better act fast since delays can be costly, stressful and tiresome at the most.

It is particularly important to identify the separation date of both parties with respect to their marriage or de facto relationship, however, this is not always straightforward.

The legal date of separation is usually where you stop living together but you can also be legally separated while still living together under the same roof. In the case of being separated under the same roof as a de facto couple, the relationship status can depend on:

1. The nature and extent of your common residence
2. Whether a sexual relationship exists
3. The financial dependence or interdependence and any arrangements for financial support
4. The ownership, use, and acquisition of property
5. The degree of having a shared life
6. Whether the relationship is or was registered under a law of a state or territory
7. The care and support of children
8. The reputation and public aspects of the relationship

The date of separation is important too in the case of marriage and divorce. This is because the separation date is to be used in determining whether a party can apply for a divorce, contributions made in a relationship and also settling whether the property is owned by both parties or just one party.

In the case of divorce, the family law court only grants a divorce when both parties have been separated for 12 months unless it is disputed at the time of the application then the whole process can be delayed until the separation date is verified.

If the given date of separation differs from what each party has given, it can also affect how their properties can be divided in terms of the value of the assets and liabilities and what property belongs to who.

For de facto relationships, inconsistent dates of a parties’ separation can bring about two problems. The first is, both parties need to prove that they have been in a de facto relationship for at least two years (exceptions apply) for them to be eligible to divide their property under Section 44 of the Family Law Act 1975. The second is that there is a two-year time limit after separation for them to divide their property under Section 44. With these factors being standard for de facto relationship, it could stop a party to a de facto from applying for a property settlement with the family law courts under the Family Law Act 1975.

Another thing to keep in mind is that de facto relationships in Western Australia are not controlled by the Commonwealth Family Law Act but by the Family Court Act 1997 and that all concerns for both married and de facto relationships are resolved in the Family Court of Western Australia. The requirements and duration of de facto relationships are the same as with all states and territories.

As with any problems or issues, separation is no different on how it affects the lives of people within your life, especially your child or children. It is very important that once you and the other party have agreed to separate that you promptly take action on what to do with your child/children and your assets or properties. Although decisions on such matters cannot be made immediately or agreed upon by each party, it is better to start the process and look for temporary arrangements. It is suggested by separation lawyers to attend mediation or counselling to help in sorting out issues and problems and come out with a solution that is agreeable for both parties.

To know more about separation and its complexity, it is advisable to get some legal advice from well-known separation lawyers like My Legal Crunch Lawyers, who you can contact at 1800 572 417 or by email info@mylegalcrunch.com.