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At Leach Legal, we recognise that a divorce or separation is often the most emotionally and psychologically challenging time in a person’s life. Just getting through every day can pose difficulties for many people. Couples still on amicable terms can sometimes manage separation with little or no involvement from divorce lawyers. Others avoid contacting a lawyer because they don’t know where to start or they fear exorbitant legal costs.
Our priority is and always has been the personal satisfaction of our clients. That is what makes our firm different. Whatever your circumstances, it’s important to know the facts that apply to all couples going through divorce and separation. Knowing these facts makes sure the marriage, separation and divorce process is official. Leach Legal Family Lawyers Perth have extensive experience in this area and can help. Divorce is a separate legal process from dealing with the division of financial assets, child care arrangements, spousal maintenance and so on.
In its simplest form, divorce is a two-step process:
Step 1: Separate. A couple must have been separated for 12 months before one or both parties can submit a divorce application form. A couple may be considered to have separated, even if they live in the same house, so long as they satisfy some requirements (such as separate sleeping arrangements). After the divorce application form is submitted, a hearing date is set and, if your application is successful, your divorce order is granted.
Step 2: Discuss property settlement, childcare arrangements and spousal or defacto partner maintenance. This may be dealt with by filing an Application for Consent Orders at the Family Court. Alternatively, you can use a Financial Agreement, but this applies only to financial matters (i.e. not children). As there is no Court oversight of Financial Agreements, both parties must receive independent legal advice. Consent Orders or a Financial Agreement enables you and your ex to move on with your lives while waiting for the divorce process to be finalised. Step 2 is frequently done prior to divorce as there is no waiting period necessary to finalise financial and children’s arrangements.
If you have been married for less than two years, you will have to attend counselling to discuss the possibility of reconciliation, before you can apply for divorce.
If you need help with Divorce, children’s arrangements or Child Support, surrogacy, Adoption or Asset Distribution in Perth WA, the Family Lawyers at Leach Legal are ready to put our skills and reputation to work for you.
Leach Legal offers a free, 15-minute telephone conversation on (08) 9486 9733 to help get you started on the right track.