I’m already separated.

So, you and your partner have already gone your separate ways… Now what? Moving on with confidence starts by understanding where you’re at.

We’ve answered 5 of the most commonly asked post-separation questions.

You and your partner must be separated for at least 12 months before filing for divorce.

Yes, that’s possible. They can file a Response to Divorce if they disagree with any of the information provided on the application or if they oppose the divorce (however, there would be limited grounds for the Court not to grant the divorce).

Not if you do not have children under 18 or you marked the box on the application for divorce stating you do not want to go to Court, and your partner does not object to your application.

De facto couples in Western Australia have similar rights and responsibilities as married couples. Any disputes over children and property will be treated by law in the same way as a separation or divorce for a married couple.

When determining if the relationship is de facto, the Court must decide whether you and your partner were living together in a marriage-like relationship, and will consider the following circumstances to determine whether a de facto relationship existed:

  • Duration of the relationship (a minimum of two years concurrent or a total period of two years)
  • The nature and extent of your common residence
  • Whether a sexual relationship exists
  • Degree of financial dependence or interdependence
  • Degree of mutual commitment to a shared life
  • Whether there is a child of the relationship.

To file an application for divorce, you must be able to prove that the marriage has irretrievably broken down. This is demonstrated by either having:

  • Been separated for a period of 12 months or more
  • Been married for more than two years
  • Attended the necessary counselling with the Family Court if married for less than two years.
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