Going through a divorce is never easy – even if the decision feels like the right one. In those early weeks and months after separating, it’s common to feel overwhelmed and unsure where to begin. Unfortunately, that’s also when a few key missteps can happen.
Here are five common mistakes we see people make in the early stages of divorce in Western Australia—and how you can steer clear of them.
Waiting Too Long to Get Legal Advice
It’s completely normal to want to “wait and see” how things unfold, especially if things seem amicable. But getting legal advice early doesn’t mean things have to turn into a legal battle. It’s about knowing your rights, understanding your options, and making informed decisions.
In WA, there are time limits for formalising property settlement— just 12 months from the date your divorce becomes final. So even if you’re not ready to take action yet, having a conversation with a family lawyer can help you plan ahead and avoid surprises later.
Assuming Divorce Covers Everything
Divorce is just the legal end of your marriage. It doesn’t sort out who gets what or where the kids will live. Parenting arrangements and property settlement are completely separate legal processes.
Some people wait until after the divorce is final to start these conversations—which can create unnecessary delays or confusion. You don’t have to wait. In fact, it’s often better to work through these matters earlier, while everyone is still adjusting to the new normal.
Moving Out Without a Plan
After separation, it’s common for one partner to move out quickly to avoid conflict. That’s completely understandable—but it’s worth pausing before you go.
Leaving the family home doesn’t mean giving up your rights to it, but it can affect things like parenting routines, living expenses, and access to important documents. If you’re thinking about moving out, get advice first and make a plan that keeps things as stable as possible—especially if there are children involved.
Agreeing to ‘Informal’ Arrangements Without Clarity
In the spirit of keeping things easy, separated couples often agree on how to split things without legal help. While informal agreements can be a good starting point, they’re not legally binding—which means they may not hold up if things change down the track.
Even if you’ve agreed on who keeps what, or how the kids’ time will be shared, it’s a good idea to formalise your arrangements properly. It protects both of you and avoids potential issues later.
Letting Emotions Lead the Way
Divorce can stir up a lot of emotions—grief, anger, guilt, even relief. All of it is valid. But big decisions made in the heat of the moment (like emptying joint accounts, refusing communication, or involving the kids in adult matters) can cause long-term issues.
Try to pause and get support where you can—whether it’s from a lawyer, counsellor, or trusted friend. Divorce is both a legal and emotional process, and having the right support can make all the difference.
Need a clearer path forward?
The early stages of divorce don’t have to feel like uncharted territory. At Coastal Family Law, we help clients across Western Australia understand their rights, avoid costly mistakes, and move forward with confidence. If you’re unsure where to begin, get in touch for a simple and confidential chat—we’re here to help!
