Separation is defined as a situation wherein you and your partner stop living together in a domestic or marriage-like relationship. Such does not require both parties to agree on the separation. If one of the couples in the relationship decides to separate, it can be brought into a legal proceeding to make the separation legal. Legal separation does not require both parties to live away from the other. They can still stay under the same roof but are not living as a couple. A divorce can then be applied after a year of being separated.
De facto relationships or relationships that are not legally bound by marriage are recognized by the Western Australian Law. In de facto relationship separation, the official date wherein you started to settle any property issues with your partner is the date of separation. You can settle your property issues through the Family Court of Western Australia.
Separation Under the Same Roof
Living in the same house even while legally separated for a year can be considered ass grounds for filing a divorce. However, you will need to provide an affidavit, to the court that you and your ex-partner are separated but are living in the same rood. You also need to submit an affidavit from an independent witness stating that the two of you are not in a marriage-like relationship anymore.
Here are some actions that may define your relationship as separated even while living in the same roof:
- Not sleeping in the same room
- Personal finances have been separated
- Household duties are performed separately and not for the sake of the ex-partner
- Prepare and eat meals separately
- You do not go out together or entertain friends together as a couple
- The separation is already announced to family and friends
Where can I get help to be legally separated?
You do not have to do anything specific to be legally separated. However, you might want to seek professional legal advice in putting your property and finances in order. Kean Legal Barristers & Solicitors can guide you through the process, most especially if you intend to file a divorce in the future.
Call +61 8 6323 8697 for FREE consultation. Our Family Law Lawyer is a member of the Family Law Practitioners’ Association of Western Australia (FLPAWA).
If you have any questions, please feel free to call us for free general advice over the phone, or make an appointment to attend our offices for an initial consultation limited to one hour for a fixed price of $250.00. There is no obligation to engage our services after the initial consultation. Call Us For An Obligation-Free Consultation On (08) 6323 8697