When your marriage breaks down and you decide to separate, you will be faced with major life changing decisions relating to your children, finances and property. You will also need to decide whether you should apply for a divorce.
We understand that you will be making these decisions at a highly emotional, confusing time in your life. It is important to seek calm, objective, expert legal advice to resolve your matter in a quick and cost effective way.
The difference between a separation and divorce
Separation is the personal decision you or your partner make to end a marriage.
Divorce is an administrative act, where 12 months after separation a person can apply for a divorce. This is the legal recognition by the Court that your marriage has ended.
A divorce does not resolve your financial relationship with your former spouse.
Whilst the procedure for filing for divorce may be relatively simple, you need to be aware of many issues before and after you apply, including:
- Have you and your spouse been separated under the one roof?
- Do you need to be divorced?
- If you do need a divorce, should you apply before or after a property settlement?
- Is a sole or joint application appropriate?
- Have you been married for less than two years? If so, special considerations will apply.
- Have appropriate arrangements been put in place for your children?
- Have you commenced property (and if applicable, spousal maintenance) proceedings in the Family Court?
It is important to note that the making of a divorce Order will automatically revoke your Will, unless a contrary intention appears in your Will or there is other evidence establishing such an intention.
If you are looking to speak to a family lawyer in Perth about getting a divorce, please contact our office to speak to one of our experienced solicitors.