Separation in Western Australia

Separation is defined as a situation wherein you and your partner stop living together in a domestic or marriage-like relationship. It does not require both parties to agree on the separation. If one of the couples in the relationship decides to separate, a legal proceeding can be brought to make the separation legal. Legal separation does not require both parties to live away from each other, they can still stay under the same roof. 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 recognised by 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 legally separated for a year can be considered as 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 roof. 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 show that you are separated while living under 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;
  • Preparation of the meals and eating are done separately;
  • You do not go out together or entertain friends together as a couple; or
  • The separation is 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, especially if you intend to file for a divorce in the future.

Call +61 8 6323 8697 
to speak to our friendly lawyers and get some free general advice over the phone.
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 booking fee of $300.00. There is no obligation to engage our services after the initial consultation.

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