DIVORCE &

SEPARATION

The ending is just the beginning…

So, your marriage hasn’t quite worked out the way you planned… Now what?

When a relationship breaks down it can feel like your world is falling apart, especially when children are involved. No wonder divorce and separation are seen as one of life’s most confusing and emotional rollercoasters.

At Scott & Tam Legal, our divorce lawyers are here to help you avoid the legal jargon roadblock.  Exclusively practicing family law, we have decades of experience in helping create real solutions for real lives.

Whether you’re making or responding to a request for divorce, we can guide you through the ins and outs to help you move on with confidence.  Our team of highly experienced professionals have the freedom and flexibility to spend more one-on-one time with you.  Combined with access to extensive resources, the latest technology and ongoing training, you know you’re getting the very best advice.

You’ve got a lot on your plate, yet for all the tears and heartache, there are formalities to take care of.

  • Have you been living apart for at least 12 months?

  • Do you need to apply for ‘separation under the one roof’?

  • Do you have children under the age of 18 years?

  • Have you made arrangements for your children?

FREQUENTLY ASKED QUESTIONS

Thinking About Separation

  • 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.

Already Separated

  • 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