In Western Australia, separation and divorce are two different processes. This information is intended to provide you with more information about this often challenging time.
What is Separation?
Legal separation occurs when a couple decides to live separately, bringing their relationship to an end. For de facto couples, living apart with an intention to 'separate' commences a two-year time limit in which you will need to deal with any property or financial matters between you. It is best to obtain legal advice to understand the implications of limitation dates and what that means for you. For married parties, who determine to separate and no longer live together, there is no immediate time limitation, until they become divorced.
It is important upon separating to have a mutual understanding of the ‘date of separation’ to ensure there are not later disputes about expiration of the time limit.
What is Divorce?
Divorce is the formal legal ending of a marriage. To become divorced in Australia, a couple must have been separated for a minimum of 12 months. This requirement ensures that the decision is final and not made impulsively. Once granted, divorce officially dissolves the marriage. Once divorce, parties are also subject to a 12 month time limit for resolution of property and financial matters between themselves.
It's Important to Know
● Separation does not change an individual’s marital status; they remain legally married. Divorce, however, formally ends the marriage.
● A mandatory 12-month separation period is required before filing for divorce.
● Both separation for de facto couples, and divorce for married couples, mark the commencement of a limitation period which are relevant to property and financial matters.
Separation often serves as the starting point for discussions around financial and parenting matters. However, divorce itself does not automatically resolve these issues, meaning separate legal arrangements must be made for asset division and parenting arrangements.
What this Means for You
Every situation is unique, we recommend getting legal advice to ensure that rights and obligations are clearly understood. At Ferguson Family Law we can help provide clarity and support during this complex process to ensure you make the best decision for yourself, your family and your future.
