I’m thinking about separation.

So, you’re thinking about splitting with your partner?  Moving on with confidence starts by understanding where you’re at.

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

Both you and your partner have the right to remain in the family home. Neither of you can force the other to leave, so your best option is to simply sit down for a chat to see if you can come to an arrangement as to who stays and who goes.

Separation is when you and your partner stop living together as a couple. If you are married and have been separated for at least 12 months, you can apply for divorce (additional conditions apply if you have only been married for two years or less). Divorce proceedings require a form to be filed with the Family Court of Western Australia seeking that the marriage be legally terminated.

Yes. In this case, any divorce application must be supported by an affidavit outlining how you have lived separately under one roof, such as sleeping in separate beds, reduction in shared activities/family outings or division of finances.

It depends on your reasons – remember that the best interests of your children are the Court’s paramount concern.

Yes, there can be. For example, if you are listed on the mortgage or any of the household bills, then you’re still liable to pay them even if you are no longer living there.

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