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You can apply for the divorce if you have been separated from the other party to the marriage for 12 months. It is possible for you to live separately “under the one roof” but in that event it will be difficult to prove to the Court that separation has indeed occurred. In that case you will have to provide independent evidence of the breakdown of your relationship.

A de facto relationship in Australian law refers to an unmarried couple living together on a genuine domestic basis. This includes same-sex and opposite-sex couples, who are recognized by the Family Law Act (1975). De facto partners have similar rights and responsibilities to married couples in matters such as property division, financial settlements, and child custody, provided the relationship meets specific criteria, such as a minimum duration and shared living arrangements.

Children custody refers to the legal relationship between a parent and their child or children. In a divorce or separation, parents may need to come to an agreement about who will have primary custody of their children and how much time the other parent will spend with them. Custody decisions are made with the best interests of the child in mind and can be a complex and emotionally charged issue.

When a married or de facto relationship ends, you must address property settlement, which involves dividing assets and liabilities, including real estate, personal belongings, investments, and debts. Couples may reach an agreement independently, through mediation, or via court intervention. There's no automatic equal division; the Family Court determines entitlements. Factors considered include the asset pool size, both parties' financial and non-financial contributions, and each party's future financial needs.

As much as you might be reluctant to sign a prenuptial agreement at this time in your life, you may be pleased that you did. 

BFAs are meant to indicate clearly the manner in which the two partners coming together in marriage or de facto relationship will split the property in case of separation.

A well-drawn up agreement should stipulate exactly who gets what and who owes what and in that way in the event of a breakup or divorce you would avoid lengthy and expensive legal proceedings.

BFA is legally binding and can be used in a court of law only if it signed by the two parties who independently received the necessary legal and financial advice before signing it.

Superannuation is now regarded as property which can be divided when a marriage breaks down. However, this does not yet apply to de-facto relationships in Western Australia.

Superannuation splitting is the process of dividing a couple's superannuation assets during a divorce or separation. This can be a complex process, and it is important to seek the guidance of an experienced lawyer in order to ensure that the split is fair and in accordance with the law.

Consent Orders are legally agreements made between separated or divorced couples that have been formalised by the Family Court.

These orders are typically used to settle disputes related to property division, child custody and support, and other issues that may arise during a divorce or separation such as spousal maintenance. In order to be valid, consent orders must be fair and reasonable and must be approved by a judge.

Consent orders may be sought by separated or divorced couples who have agreed on these matters and want to formalise their agreements and would like to avoid litigation in Court or are in already involved in Court litigation but have come to an agreement on certain issues and wish to avoid further litigation.