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WA Family Law - Get Legal Separation?

Discussion in 'Family Law Forum' started by freshstartin2015, 22 February 2016.

  1. freshstartin2015

    freshstartin2015 Active Member

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    I have been through on an emotional roller coaster with my ex. We have been living apart fort 3 years. Nothing was made legal. I have tried, to no response from him and the costs were getting too high.

    Under Family Law, is it best to get a legal separation? He is now complying with the financial expenses as I have only casual work and now having medical issues. All that children are adults.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I'm unclear as to what you are really asking here - what 'thing' are you looking to make legal? The financial division? What financial expenses is he 'complying' with, exactly?
     
  3. freshstartin2015

    freshstartin2015 Active Member

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    I am looking at financial with property and assets and spousal maintenance. He is paying the mortgage and contributing to expenses. None of the assets have been sold. I need finance to do house repairs as he left it unfinished.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Okay, so you're not automatically entitled to any spousal maintenance unless you reach a private agreement between you, or a court orders him to pay it. As such, you would need to apply to the court to get an order for spousal maintenance.

    For a property settlement, you can seek a property settlement at any time during separation, but you only have 12 months after the divorce is finalised to file for a property settlement through the court. To file for a property settlement, you can file an initiating application with the court. The court will then ask four questions to determine the property settlement:

    1. What's the total value of the shared asset pool?
    2. What were the financial and non-financial contributions of each party?
    3. What are the future needs of each party?
    4. Is the settlement just and equitable?

    If you want to try and avoid court proceedings, it might be worthwhile speaking to Legal Aid about organising a family dispute resolution conference to negotiate a property settlement yourselves.
     
  5. freshstartin2015

    freshstartin2015 Active Member

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    I have tried the Mediation he never complied. Is it best to have the separation legal?
     

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