Separation, Divorce and Parenting Arrangements

When you are going through a separation or divorce, you are likely going to need advice from a lawyer. Even in times when the split is amicable, family law services Perth can be there as a place to get guidance and legal advice. In times when they are contentious, a lawyer is more important than ever. During and after separation, there are things to sort out, such as, child-raising, assets, debts and so on. The best way for both parties to move on is to have these issues sorted out legally, to your liking, or meeting at an advantageous compromise.

Separation and divorce

In order to divorce, you need to have a 12 month separation period first.

  1. When separating or divorcing there needs to be a division of shared assets and property, plus a parenting agreement. An experienced lawyer can make sure your interests and rights are protected. Divorce or separation are not necessarily complicated, ultimately it’s the emotion and all other legal details that require a professional legal expert to support you.
  2. Family law advice helps you understand how legalities affect your situation. A lawyer can also assist with family dispute resolution. You can only legally file for divorce after 12 months of separation. If you have reconciled with your partner during your 12-month separation then another separation of 12 months is required before you can divorce.
  3. During a separation, it can sometimes happen that you must live in the same property during the 12 month separation period. If you and your ex can agree on where assets are going and how children will be cared for, you do not have to go to court.
  4. A divorce order that may mean you and your ex have to go to court. This takes 4 months to complete after the order is made. Your ex cannot oppose a divorce order, apart from in very specific situations. Family law services Perth will advise you that if your partner does not want to get a divorce, then this is not a reason to stop the divorce process. A court may decline the order if the support and care of the children are not properly arranged.
  5. During a divorce, your lawyer will act to ensure your children have the best arrangements possible. In Australia, the term child custody might be used in general talk but is not part of the legal terms. It is talked about in reference to parenting agreements and the children’s needs.
  6. Family law advice Perth includes what your legal rights are with the children, and also your responsibilities. This will include the need for family dispute resolution. You can agree with your partner on an informal plan for parenting your children but this is not legally binding. Taking the case to court does mean accepting their ruling.

If you do not agree on any arrangements the court will come up with a parenting order and both parties must adhere to it. Just as with the consent order it means if someone does break their side, further legal action can be taken.