Separation Lawyers Perth

Separation lawyers in Perth (Western Australia) or any other cities in Australia aid couples who want to separate. Family lawyers focus on family law and divorce matters, ensuring a high level of expertise and commitment to achieve the best outcome. Firstly, we should differentiate divorce and separation, since the two are often used interchangeably.

Divorce is the legal separation of a couple that generally includes a complex legal process. Divorce in Western Australia is governed by a no-fault system, and a divorce application can be filed either online or in paper form with the Family Court of Western Australia.

On the other hand, separation is like "breaking up" with the other partner and refusing to cohabitate with them any longer. Regardless if you want a divorce or gone through separation in Australia, you will need family lawyers in Perth or in any place in Australia.

Perth divorce lawyers have extensive experience assisting clients through the challenges of marriage breakdown and relationship breakdown. Both you and the other party may face complex decisions regarding divorce matters, parenting and financial matters, and financial settlement.

So, what family law matter do you need help with?

Separation Lawyers Perth: Introduction to Separation

When a marriage or de facto relationship breaks down, it can be a challenging and emotional time for all parties involved. Understanding the legal process and seeking expert legal advice from experienced divorce lawyers in Perth is crucial to navigating the complex world of family law.

Because we need lawyers, courts are involved, specifically the family court. They play a significant role in resolving family law matters, including divorce, property settlement, and child custody disputes. A family law practitioner with extensive experience in handling family law issues can provide you with the necessary legal knowledge to make informed decisions about your situation.

Important Factors During Separation and Divorce

CCouples don't just break up, call it quits, and arrange a quick court trial. Most cases don't work that way and we need to consider some factors. Some divorce and separation cases involve domestic violence and abuse. Others involve disagreements in child custody and financial arrangements. To get a better scope of these specificc factors and more, let's look at them below:

• Who will the children live with? The mother or the father?
• How will the couple settle their financial agreements after separation? A financial settlement is a key aspect of separation, covering the division of assets such as superannuation, property, and spousal maintenance.
• 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? Violence Restraining Orders (VROs) are available to assist with legal protection during separation.
• Obtain legal advice from family lawyers
• Alternative dispute resolution methods, such as mediation, collaborative law, and arbitration, can help resolve disputes out of court.

Separation Lawyers Perth: How Does the Divorce Process Work?

Seeking the right legal advice from an experienced lawyer is crucial to navigate family court proceedings and legal proceedings effectively. Let'sd take a look at the process:

The Family Court focuses on the best interests of the child when making decisions about parenting arrangements, and will not grant a divorce order unless proper arrangements have been made for the care, welfare, and development of children under 18.

If a divorce application is made solely by one party, it must be served on the other party, who may file a Response to Divorce within 28 days. The court schedules a divorce hearing, with a divorce hearing date typically set within three to four months of filing, to consider the application. But how much is the filing fee?

The current filing fee for a divorce application is $1125 as of January 2026, with possible fee reductions for eligible individuals, and fixed fee packages and payment plans are available to help manage legal fees. A divorce order does not resolve property settlement or parenting and financial matters, which require separate applications, and property settlement must be finalised within 12 months of divorce.

Resolving property settlement can be complex and often requires legal assistance. The Family Court can aggregate periods of separation if the parties resume cohabitation for not more than 3 months. The Family Law Act requires parents to attend mediation or alternative dispute resolution before filing for parenting or financial orders, with some exceptions.

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. Family courts oversee family court proceedings and legal proceedings related to separation and divorce, ensuring that all legal requirements are met. 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.

The Family Court can aggregate periods of separation if the parties resume cohabitation for not more than 3 months.

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 right legal advice from a qualified divorce lawyer. 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.

Separation Lawyers Perth: Case Study Example

The case of Campbell & Cade [2012] explains the need for separation and divorce lawyers. Separation lawyers handle a range of issues, including divorce matters, such as legal processes, financial settlements, and post-divorce considerations. 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.Experienced separation lawyers in Perth offer services covering divorce, parenting arrangements, complex property division, financial matters, mediation, and violence restraining orders.

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

Moving forward, 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. 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.

Separation Lawyers Perth: Takeaways On This Family Law Case

The case above only proves that a person applying for a divorce application must prove the separation. Courts will deny divorce applications if they find out that separated couples still engage in activities together. An experienced lawyer, such as separation lawyers in Perth and other Australian cities, can help a person prove their separation through proper fact-checking and prevent mistakes like leaving the family home prematurely that could impact the case.

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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.