How to Separate from Your Partner When You Have No Money?

Separating from your partner can be overwhelming, especially if you are worried about how you will afford legal advice or support yourself throughout the process. While financial circumstances can make separation more challenging, there are legal options available to help you protect your interests and resolve family law matters. In this guide, the team at O’Sullivan Davies explains the steps you can take, the alternatives to Court proceedings and the funding options that may be available if you are unable to pay for legal representation.

Understanding Your Legal Rights and Entitlements

Separation can be a daunting process without the added worry of what the legal process may cost, particularly if you have no (or limited) access to funding.

It isn’t uncommon for one party to a marriage or de facto relationship to have control over the parties’ assets (or a bulk of their assets) or for one party to be the primary income earner leaving the other party in a particularly vulnerable position in the event of separation.

It is important to seek legal advice at the earliest opportunity to gain a clear understanding of your entitlements, the legal process and the options available to you.

Alternatives to Court Proceedings

In many cases, family law disputes can be resolved without the need for lengthy Court proceedings. You should raise your concern about costs with your solicitor at the outset and consider alternative avenues for resolving your dispute outside the realm of the Family Court of Western Australia (“Court”) in an attempt to avoid costly litigation. These can include:

• negotiation via correspondence
• an informal conference between solicitors
• mediation by a third party mediator
• arbitration

Litigation Funding Through the Court

If it isn’t possible to resolve matters with your spouse or former partner via the above avenues, or if you require funding to pursue your legal matter, it may be necessary to file an application with the Court for what is broadly referred to as ‘litigation funding’ to ensure both parties have access to legal representation.

If it becomes necessary to make an application for litigation funding, it is important to seek legal advice regarding the most appropriate orders depending on the circumstances of your case.

Speak with an Experienced Divorce Lawyer

If you are considering separating from your partner but are concerned about the financial implications or the cost of legal representation, the team at O’Sullivan Davies can help. Contact our experienced divorce lawyers today for practical advice and support tailored to your circumstances.