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WA Separation from Husband without Using a Lawyer?

Discussion in 'Family Law Forum' started by freshstartin2015, 20 December 2014.

  1. freshstartin2015

    freshstartin2015 Active Member

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    How can I still get legal separation? I can no longer afford to continue with a lawyer as costs are getting too much and husband is refusing to respond to family law documents.
     
  2. Sarah J

    Sarah J Well-Known Member

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  3. AllForHer

    AllForHer Well-Known Member

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    I assume that by legal separation, you mean divorce?

    You don't need legal representation for a divorce - you simply need to be separated for a period of at least 12 months before filing the documentation the court and the divorce is finalised after one month and one day from the hearing. A divorce hearing doesn't usually require attendance, but if there are kids under the age of 18 involved, you may need to go to the court on the day of the hearing to tell the registrar or judge what arrangements have been made for care of the kids.

    The more strenuous part is the division of assets and care arrangements for the kids. You can self-represent through each of these matters as well, but as Sarah J pointed out, it can be highly stressful and daunting as it requires you to gain a sound knowledge of the Family Law Act 1975 and of court procedures.

    Summarily, yes, you can give notice of dismissal of legal representation at any time in proceedings.
     
    Sarah J likes this.
  4. freshstartin2015

    freshstartin2015 Active Member

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    I am wanting to get it legal separation as i want to have the financial sorted as i have little income. I thought that as i had a lawyer it would be less stressful though husband would not respond to any documents which only caused more stress and costly.I was wondering if i can get assistants to continue without the high costs.
     
  5. AllForHer

    AllForHer Well-Known Member

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    Legal Aid should be able to help you with this. Contact them and they'll be able to give you some more direction and may be able to represent you.
     
  6. Sarah J

    Sarah J Well-Known Member

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    Hi Freshstartin2015,

    As allforher has said, for a divorce (legal separation) you need to wait 12 months of separation. You can go to the Family Court for a declaration for the start date for separation. As for division of assets, you can start negotiating a financial agreement now.
     
  7. freshstartin2015

    freshstartin2015 Active Member

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    I have been having a long and drawn out separation over 2yrs now still not legal I had a lawyer for a while and stopped as was told he was not here to help me financially the costs of this was expensive and still in same spot.I was wanting to know if i go and get the separation done on my own can i state to the courts that ex husband didn't comply to any documents or would it still be advisable to have legal support, It is only for property and spousal maintenance/ and superanuation split children are all adults
     

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