In Western Australia, you generally have two years from the date of separation to apply to the Family Court for property settlement or spousal maintenance. It’s best to seek legal advice early to avoid missing this deadline. Putting off asking questions and seeking the right legal support or advice can put both parties in a much more difficult situation, leading to much more difficult conversations.

If you cannot support yourself adequately after separation, and your former partner has the capacity to pay, you may be eligible for spousal maintenance. This depends on factors like your income, health, ability to work, and whether children are involved. All of these factors are considered in achieving an equitable and just outcome for both parties.

Property can be divided in a similar way to a divorce. The Family Court considers each partner’s financial and non-financial contributions and aims for a fair and equitable outcome. It’s important to act quickly after separation, as there are time limits for making a claim. Get in touch with the experienced team at Lynn & Brown Lawyers today.

You can protect your assets by entering into a Binding Financial Agreement (BFA). This legal document outlines how property and finances will be handled if the relationship ends. It’s essential to have the agreement drafted and reviewed by an experienced family lawyer to ensure it’s legally enforceable. Our team of experts always approaches such documents with sensitivity and care.

Generally, yes. De facto couples in WA have similar rights and responsibilities as married couples when it comes to property division, spousal maintenance, and parenting arrangements. However, proving the nature of the relationship can sometimes be complex, and can lead to dispute or confusion. Legal advice can clear the air and provide the clarity and answers you and your partner need.

A de facto relationship is one where two people live together as a couple on a genuine domestic basis but are not married. In WA, the Family Court may recognise a relationship as de facto if it lasted at least two years or if there’s a child from the relationship, among other factors. It can be hard to tell what legal bearing your de facto relationship has on both parties, or if you do indeed meet the criteria for a de facto relationship. It’s important to get clarity with trusted experts when questions arise.