Divorce and Separation Lawyers in Perth

Separation

Ultimately, the benefits to separation include both parties having a more harmonious relationship with each other, or both parties becoming satisfied with no longer having any obligation to keep any relationship with each other.

Separation is defined as valid once you and/or your partner decide to end your marital relationship and stop living together as a couple.

This is initiated by verbalising that one party no longer has any desire to be together with their current partner. It does not matter if you or your partner disagree with the decision, so long as one party has no desire to continue living together as a couple, you will be considered to be separated.

When separating, one party may decide to move out of their shared property, however, you can still be considered separated whilst living in the same property. This is referred to as “separation under one roof.” Here are some factors that serve to validate separation:

• Both parties no longer sleep in the same bed or room.
• Both parties no longer consummate their marriage through sexual activity.
• Both parties no longer share meals together or help each other with domestic chores.
• Both parties no longer share finances or have access to a shared bank account.
• Both parties’ friends and family no longer recognise the marital relationship.

Hoe Lawyers can assist you through the process should there be any legal actions necessary for the separation to take place. Do note, however, that there is no legal requirement for separation.

Financial Settlements

With Hoe Lawyers, we can help empower your decision-making and come to a resolution that is in your best interest. Making the right decisions regarding financial settlements sets you up for a brighter future.

When a couple separates, it often means that their finances are divided accordingly, covering all assets and debts. Here are a few ways to go about financial settlements:

• You and your former spouse or partner can discuss and come to an amicable agreement on how your shared properties are going to be divided amongst yourselves. This is possible without any legal assistance or court involvement.
• You and your former partner can also agree on having specific arrangements, which can be formalised through the application of Consent Orders in the Family Court.
• You and your former partner or spouse can also make an application for Financial Orders to a court should there be any disagreement regarding an arrangement. This can result in orders that define the division of properties and required financial support.

Hoe Lawyers can guide you through the entire ordeal, should there be any impediments to the division of property and payments for support upon separation.

Childcare Arrangements

When handled masterfully, parents going through a separation can still provide their children with the same opportunities as other children from complete families. Here are some examples of fruitful childcare arrangements:

• The children continue to receive the same (if not greater) love and support from both parents and the rest of the family.You and your former partner can also agree on having specific arrangements, which can be formalised through the application of Consent Orders in the Family Court.
• Both parents remain committed to providing their children with unconditional love and support, sharing the responsibility of taking care and raising their children.
• The children are provided a home that is safe, secure, and nurturing, regardless of their living with both parents. This means that there should be no signs or symptoms of violence or abuse in the children’s home or environment.

For most children, if not all, the separation of their parents is never going to be desirable. It is natural for a child to want a complete, happy, and healthy family in which their parents are still together and living under the same roof. Therefore, when going through a separation, it is crucial that both parents ensure their child’s (or children’s) emotional well-being is kept intact.

Whilst going through a wide spectrum of emotions yourself, it is vital that you take time to understand how your child is seeing and interpreting the situation.

Contact Hoe Lawyers today and find out what your best possible options are when it comes to deciding on childcare arrangements.