What Are The Legal Differences Between Separation And Divorce In Perth?

June 8, 2021    Familylawyers
What Are The Legal Differences Between Separation And Divorce In Perth?

With growing arguments and tension, ending a marriage can be no easy task for couples. Many people tend to confuse the terms legally separated and divorce. In simple terms, divorce means the complete dissolution of a marriage, while legally separated means a court order that mandates the couple’s rights while they are living apart until the divorce.

Separation is the step taken by one of the persons in the marriage to live apart until they get a divorce to end their relationship for a lifetime legally. In legal terms, there are certain boundaries and duties implemented by the court in the separation period, which the couple needs to follow until they dissolve the marriage entirely with a divorce. 

About Legal Separation In Australia  

According to Australian family law, separation is the end of a marriage or de facto relationship in which a couple no longer stays together. The decision to get separated can be taken by one or both spouses, and they can even live under the same roof with specific court guidelines to be followed. It would be best to contact separation lawyers for particular situations and how to handle them. 

About Divorce In Australia

Divorce is the final legal ending of a marriage after the stage of separation. As mentioned in the Australian family law, you have to stay separated for at least 12 months to prove the unwillingness and lack of interest of both spouses in maintaining their marriage. Your separation lawyer will help you to provide necessary facts to the court to assess your separation period. Australian law does not look after the person at fault for the failure of the marriage. Later, separated couples need to hire a divorce lawyer to avoid the legal implications of staying married. 

Legal Differences Of Separation And Divorce

  • Legal separation gives you the time to think about ending the marriage. You can stay separated and figure out the consequences without worrying about the financial condition. On the other hand, if you don’t see any financial benefit from the separation and are confident about ending the marriage, divorce is the best solution. Divorce will save your time and money spent in the separation period.
  • While separation is essential to follow the necessary waiting period, it doesn’t allow you to remarry someone else. It is considered polygamy that will cause legal consequences and actions against you. A divorce will enable you to remarry without any restrictions of Australian law legally.  
  • A legal separation enables one of the spouses to get the benefits of health insurance coverage from the other spouse’s job. Getting legal separation allows both of the spouses to enjoy their employers sponsored health insurance benefits and coverage. In contrast, if you’re a single earning member and your spouse manipulates you to stay apart while taking financial benefits, then you may consider getting a divorce. A divorce lawyer in Perth WA helps to end the coverage for one of the spouses after getting a divorce and gives them financial relief. 
  • Legal separation still entitles the couple to file their taxes jointly and take medical or financial decisions for each other. If you want to have no connection with your spouse, then divorce is the best solution. Divorce ends all of the decision-making privileges and gives you a clean slate to lead a new life.
  • The Australian law specifies couples to stay married for at least ten years to get social security and military benefits from the work of the other spouse. If you consult a separation lawyer and manage to live apart while being married, then you can enjoy these benefits. In contrast, if you end up on bad terms with your spouse and don’t want them to enjoy any of your work benefits, then a divorce will help you. It will disable your spouse from enjoying any of these benefits.

Conversion Rights Of Australian Family Law

Following the differences as mentioned above, Australian law enables a legally separated spouse to opt for a divorce. Australian law gives this right to both spouses. The other spouse cannot object to the filing of a divorce. There are certain guidelines regarding the exercise of this right that can be well-explained by family lawyers in Perth. One of the most common guidelines is that you cannot opt for divorce within six months of your legal separation. 

Why Choose Family Lawyers For Conversion?

The family lawyers in Perth and other parts of Australia have years of experience and skills to handle the conversion situation and the necessary paperwork involved in it. A lawyer will proceed with your divorce filing immediately and convert the decree of separation to a decree of the dissolved marriage. They will also assist you with the financial considerations that you have to pay after the divorce, such as child support, alimony, etc. So contact the best professional family law firm for your family law case.

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