Read our insights into 5 things you must know when separating or going through a divorce. We are specialist divorce lawyers in Perth and can help you with your legal separation and divorce proceedings. Contact our team of family lawyers in Perth today for more information.

1. 5 Things You Must Know
When Separating or Going
Through a Divorce
Going through a divorce is one of the most painful things that can happen in your life. There
is no doubt that separation and divorce can send your stress levels skyrocketing. Of course,
stress can lead to poor decision-making, and this is why it is essential to pause, step back and
try to clearly evaluate your situation. In this e-book, we will examine 5 of the most important
points you should know when separating or divorcing. Just remember, you are not alone.
1. Separation and Moving Out of Your Home
If you are separating, should you also move out of your home? This is often a tough
and stressful question, and there are three factors to consider.
Financial Circumstances
The first factor is would moving cause the family a great deal of financial stress?
Answering this question can be tricky even in dual income households. But when there
is only one breadwinner, then the decision as to whether or not you should move out
may be largely based on financial circumstances.
Emotional Impact on Children
If you have children, you will want to pause and consider the emotional impact that
your departure may have. Even older children who pretend to be detached will be
significantly impacted by the lack of real or perceived stability.
Whether Moving Out Will Impact the Prompt Resolution of Your Situation
Another factor to consider is whether or not your decision to move out will help bring
about a prompt resolution. Quite often, moving out is only the beginning of the
separation and divorce process.
2. Property Concerns
If you share property with your current spouse, then you must answer the question,
“Am I entitled to property that isn’t listed in my name?” If you contributed to the
acquisition or even the maintenance of the property, then you may have a claim on the
said property. Additionally, the length of your relationship with the person holding the
title of the property can be factored into the equation.

2. The issue of children can also play a role in determining whether or not you are entitled
to a given piece of property. If there are young children that are using the property as
their home, then this factor may provide you with some entitlements to the property
whether your name is listed on the title or not.
3. Legal Property Transfer After a Divorce
In order to legally transfer a property after a divorce, the Form 11 Application for
Consent Orders is a legally binding document that can be filed in the Family Court of
Western Australia. This document is used to finalise a property settlement and also
provides for the legal transfer of property between spouses. The Form 11 Application
for Consent Orders also provides for stamp duty relief and capital gains tax relief as
well as assistance in obtaining finance for the transfer of property.
In terms of keeping a given piece of property after a separation or divorce, you can
keep the property if it has been legally transferred to you. Additionally, regardless of
whether they are in joint names or separate names, all of your assets will be considered
as part of your separation or divorce. Please note that unless property has been legally
transferred between you and your spouse, the issue of ownership may not be resolved.
4. Child Support After Divorce
Are you responsible for child support after a divorce? The answer is yes, up until a
child turns 18 years of age, parents have a legal obligation to financially contribute to
the well-being and needs of a child.
The Child Support Agency handles issues regarding child support. Since 1998, this
government organisation has administered and collected payments. They have a set
equation that factors in the parents’ income, specific arrangements, the ages of the
children and other factors as well. You may need to seek legal advice regarding
payments or to address specific questions you have.
With that stated, it is also possible for parents to enter into private agreements
regarding how child support is handled and allocated.
5. The Next Steps
Separation can be very confusing and unsettling; this is especially true during the first
few days and weeks. Feeling this way is normal. There are important steps you’ll want
to take in order to move forward immediately after you have separated.
Get Legal Advice
The very first step is to acquire legal advice, as it will help you gain a greater
understanding as to your exact entitlements regarding property. If you have children,
you’ll learn about your custody rights and the amount of time you can see your
children.

3. Provide for the Best Interests of Children
Secondly, you will want to take steps to ensure that the best interests and safety of
children are always made a top priority. Be sure to be patient and reassuring. Also
ensure that your children have stable routines and plenty of stability during the
transition period.
Keep Decisions Logical
Third, refrain from making any emotion decisions. Seeking proper legal and
psychological support will help reduce the chances of making an overly emotional
decision.
By investing the time to address these five key areas, it is possible to make your
separation or divorce an easier process. While separation and divorce are not easy,
following the steps we’ve outlined here will help you make it through this major life
transition.