If You Are Separating, What Should Be Your Legal Rights?

Separating from a spouse can be one of the most difficult and emotionally upheaving times in a person’s life. Apart from the grief, shock and anger that is felt by both the people involved, there are also a lot of other things to consider. For example, you really need to understand all the legal rights and resources that you have at your disposal. If you are separating from your partner and spouse, then the state of Australia will grant you certain legal rights that are designed to protect you and your family from any possible harm. Here are some pointers that will help you understand exactly what rights you have.

Leaving A Shared Home

If you share a home with your partner, then you do not need to ask for their permission before leaving the house. You can leave your marriage and your relationship without any permission, and that is an aspect of your inalienable rights as a resident of Australia. Generally, while undergoing separation, most partners reach an agreement over who is moving out and who is staying. If you fail to reach a consensus, then you should make a call to one of the numerous separation lawyers Perth has to offer. Different rules will apply depending on whether the property is owned by the couple or simply rented.

You have to remember that if you do not want to, you cannot be forced out of the home. There are established legal procedures that have to be followed. For example, a spouse can be made to leave the home if a domestic violence order has been filed against them. Or in other cases, a family law court can also rule over who will stay and who will leave. There are many variables involved, and some couples also choose to cohabit under the same roof, but in a separate manner.

Considerations about Children

Divorce and separation can in themselves be an extremely messy and turbulent affair. However, when children and minors are involved, extreme care must be taken. If you want to leave your spouse, then they have no right to withhold your children from you. You must remember that both parents have a role to play in the growth and nurturing of a child, and you are entitled to see your children. However, this situation is also dependent on a number of variables, such as the nature of the partner and the wishes of the children. 

The best divorce lawyers Perth has to offer will be able to fully ensure that you and your partner reach a sound agreement regarding custody and visitation rights. If your partner says that you will not be able to see your children again if you leave, you should seek sound legal advice immediately.

What can you take if you decide to leave?

While leaving, you should take all your important documents and paperwork. These include passports, citizenship papers, visas (if applicable), driving licenses, marriage paperwork, birth certificates, bank documents, etc. If you are leaving with your children, then you are also entitled to take the items that you will need to take care of your wards. For example, you may need utensils, crockery, linen, toys, washing machine, etc. 

If you are worried about how the property jointly owned by you and your spouse will be divided up, then you should get legal advice immediately. If you contact the best divorce lawyers Perth WA has to offer, they will be able to tell you exactly how the properties and assets are going to be assigned. If the separation is mutual, then you both should be able to work out an agreement by getting mediation. In case it is not, you will most probably need to go till the court. Most lawyers also suggest taking personal mementos and belongings, such as jewellery, photographs, books, etc.

What if you are not a citizen yet?

If you are not a full Australian citizen yet, that doesn’t mean that legal separation will result in you getting deported. If your partner coerces you stay by saying this, then they are lying. Any decisions regarding the status of your visa and your citizenship application will be made by the Australian government’s Department of Immigration and Border Patrol (DIBP). Your ex-spouse will have no say in the matter of your citizenship, and they cannot use it as a card to get you to stay with them. 

Special considerations will be made if you are facing domestic violence and abuse. If you are considering leaving your partner, then you should get proper legal assistance before you take any steps. This is very important because you are obligated to inform the DIBP in case there is any change in the circumstances you’re in.

If you are considering separating from your partner, you should search “divorce lawyers near me” and use their advice before you take any further steps.

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