Top Legal Tips for Managing Family Separation and Divorce in WA

When it comes to a relationship breakdown, managing the emotional and legal intricacies can often feel all-consuming. Experienced separation lawyers Perth are the people who can make a significant difference in protecting your rights and offer guidance through the process that most people need when a marriage or partnership ends. Read on for some of the most important legal tips on how to navigate family separation and divorce in Western Australia.

1. Understand the Legal Grounds for Separation and Divorce

When it comes to separation, one of the first steps is to understand exactly what the law provides in Western Australia. Compared to many other jurisdictions, Australia has a no-fault divorce system, meaning the only legal justification necessary for divorce is an irretrievable breakdown of the relationship. At least 12 months of continuous separation must be proved.

However, it’s crucial to understand that legal separation and divorce are separate processes. Legal separation can start informally, with one or both spouses living apart while still under the same roof. If there are children or property involved, formalising the separation is essential. Family lawyers Perth WA can provide the required clarity on the difference between the two processes and help you decide what steps you need to take based on your particular situation.

2. Prioritise the Best Interests of Children

The process is much more delicate when children are involved. The best Perth family lawyers advocate for parents to agree on parenting plans or consent orders. When the parents cannot agree, the court can decide such matters, always keeping the child’s best interests in mind.

Experienced separation lawyers can help ensure that all agreements reached are legally binding through good faith negotiation, with the focus on the child’s needs as a priority. They can also provide you with advice about the family dispute resolution process, which must be attended to before parenting applications can be filed in court.

3. Secure a Fair and Informed Property Settlement

Property settlements after separation refer to the division of the assets, liabilities, and superannuation interests that accrue during the relationship. This can be a difficult process, especially if there are substantial assets or if one spouse has been the primary homemaker.

Family lawyers Perth know how to assess all relevant factors and protect your financial future. They may also assist with binding financial agreements (BFAs), which can help prevent lengthy litigation.

4. Use Mediation to Reach Agreements

Many couples find themselves in conflict when they separate, but it isn’t necessary or prudent to go straight to the courtroom. Mediation provides a more cooperative, less adversarial way to reach agreements about children, property, and finances.

Mediators are professionals trained to help foster constructive dialogue and reach agreements that work for both parties. It can be helpful to have a legal separation lawyer look over any proposals before they are signed off or finalised, just to give you some added peace of mind and ensure everything is as it should be.

Not only is mediation a cheaper solution but it can also lead to a less bitter relationship post-separation, something that is beneficial if there are children involved. The best separation and divorce legal advice is that you should consider mediation before litigation.

5. Know Your Rights and Responsibilities

One of the biggest mistakes people make during separation is going in blind without knowing their legal rights and responsibilities. That can lead to decisions that feel good in the short term but bad in the long term. The best Perth separation lawyer can make you aware of your rights related to your finances, property access, and custody of your child.

For example, most people do not realise that moving with children without the other parent’s permission can carry serious legal ramifications. The same holds true for transferring or concealing assets to avoid division.

Seeking separation legal advice Perth can help avoid costly mistakes and allow you to make confident decisions about your future. These consultations can help clarify your options and ensure you’re getting off on the right foot from the very beginning.

6. Prioritise Your Emotional and Mental Wellbeing

Legal matters are vital, but so is attending to your emotional health. Separation can produce anxiety and make us feel isolated. The burden of decision-making and the emotional price of change may be wearing you down.

If needed, build a solid support network with family, friends, and professionals. The best family lawyers in Perth can help you shoulder the burden of paperwork, negotiation, and strategy, reducing stress.

7. Keep Communication Clear and Documented

Tempers can flare, and communication between the parties can break down at this time. To safeguard yourself legally, it would be prudent to keep written records of important conversations and agreements. Written communications, whether emails and messages or formal letters, can also provide evidence if disputes arise later.

Avoid verbal agreements that cannot be enforced. It is advisable to approach separation law solicitors in Perth and get the arrangements formalised through consent orders or binding agreements. This ensures clarity and reduces the likelihood of future misunderstandings.

Final Thoughts

Separation and divorce are never easy. That’s why seeking support is necessary. The best family law solicitors in Perth can guide you with compassion and expertise during this time. They will ensure that you get the best outcomes without too much hassle.