Divorce lawyers Perth

In Western Australia, as in the rest of Australia, the only ground for divorce is the irretrievable breakdown of the marriage. There is a no-fault divorce system which means that the Family Court does not consider who is to blame for the end of the relationship. You don't need to give the Family Court a reason to get a divorce order.

Couples must only demonstrate that they have been separated for at least 12 months and one day and that there is no reasonable likelihood of reconciliation. 

The requirement to separate for at least 12 months before applying for a divorce is established by Australian law, as set out in the Family Law Act 1975. This period serves a couple of purposes:

Opportunity for Reconciliation: The primary purpose is to provide ample opportunity for couples to reconcile and possibly resume their marital relationship. A year gives enough time for emotions to settle and allows for reflection on the relationship. It also lets couples seek counselling or mediation services to help resolve any issues.

Proof of Irretrievable Breakdown: The second purpose is to serve as evidence that the marriage has irretrievably broken down. The assumption is that if a couple has been living separately for at least 12 months, they will likely not reconcile.

The separation period must be continuous, although a short (less than three months) reconciliation period is allowed. If the couple reconciles but then separates again, the periods of separation before and after the reconciliation can be added together to meet the 12-month requirement, provided the total period of reconciliation does not exceed three months.

While the separation must be at least a year, the couple doesn't have to wait until the end of the year to resolve other issues related to the divorce, such as property division and arrangements for children. 

Having a Family Lawyer to get a divorce order is not mandatory, but we strongly encourage it, especially if children and property are involved. 

In addition to that, Family lawyers can also help in negotiating agreements between you and your spouse, which can make the divorce process smoother and less adversarial. When communication between partners is challenging or strained, having a lawyer can facilitate better communication and negotiation.

Contact our Family Law Practice in Applecross to speak with one fo our lawyers.

If you have been married for less than two years, there is an additional requirement to attend counselling and explore possibilities for reconciliation before you can apply for a divorce. If counselling does not result in reconciliation or is not possible for other reasons, you can apply for permission to proceed with the divorce.

You can proceed with a divorce even if your spouse does not agree to it. The consent of both parties is not required to obtain a divorce in Western Australia or elsewhere in Australia.

If your spouse does not agree to the divorce, you can file a sole application for divorce. This means you are the sole applicant, and your spouse is the respondent. After filing, you will need to serve the divorce papers to your spouse, following serving the legal documents to the respondent. Your spouse will then have the opportunity to respond to your application.

If your spouse does not respond within the specified timeframe or responds but does not oppose the divorce, the Court can proceed with the divorce application. If your spouse opposes the divorce, they must provide evidence to the Court challenging your claim that the marriage has irretrievably broken down, which is generally quite difficult given the 'no fault' principle.

A spouse's refusal to agree to a divorce does not prevent the divorce from happening, but it may prolong the process. In such cases, obtaining legal advice can be beneficial to navigate the process.

Divorce proceedings in Western Australia, like elsewhere in Australia, must go through the Court process. However, whether or not you need to attend a court hearing physically depends on your specific case.

• Sole Application with Children Under 18: If you have made a sole application and have children under 18, you must attend the court hearing. The Court must be satisfied that proper arrangements have been made for these children before it grants a divorce.
• Objections to the Divorce: If your spouse opposes the divorce, you must also attend Court. This allows the Court to hear both sides before making a decision.

If you and your spouse agree to the divorce and make a joint application, you are not required to attend Court. The assumption is that both parties agree and there is no dispute to resolve.

If you have made a sole application and don't have children under 18, your presence at the court hearing is unnecessary.

In any case, it's crucial to carefully review any correspondence from the Court and comply with any instructions. If you need clarification on any aspect of the process, seek legal advice.

A piece of paper that legally ends your marital status. A divorce does not automatically resolve financial matters, property division, or parenting arrangements. These matters must be addressed separately through negotiation, mediation or Court if necessary.

Obtaining a divorce in Western Australia typically takes 8 to 12 weeks, although the exact timeframe can vary depending on the Court's schedule and workload. This duration includes the processing of the divorce application and the scheduling of a hearing if necessary.

However, the divorce order becomes legally effective one month and one day after the hearing at which the divorce was granted. This is an important detail, particularly if you intend to remarry, as you can only legally do so once the divorce is final.

Applying for a divorce in Western Australia typically costs $990. This fee is paid to the Family Court of Western Australia for processing the divorce application. If you hold a concession card, you may be eligible for an exemption or a reduction in this fee.

You may incur additional costs for related aspects of the divorce process. For instance, if you need to serve divorce papers to your partner, especially if they're overseas, this could incur additional fees. If you hire a lawyer to assist with your divorce, their fees will also be an added to your total cost. Always make sure you understand all potential charges before proceeding.

According to the Wills Act 1970, a divorce order issued after 9 February 2009 generally revokes any existing Will.

However, there are exceptions to this rule. If a Will was created 'in contemplation' of divorce, it could remain valid even after divorce. The phrase 'in contemplation' typically means that the person making the Will foresaw the impending divorce at the time of writing the Will and expressly indicated in the Will that they intended for it to remain valid after the divorce.

The validity of such a Will can become a complex issue requiring considerable evidence and potentially resulting in lengthy and costly legal proceedings. Therefore, revising your Will is the most effective way to ensure your intentions are respected following a divorce. 

Remember, changes to your Will should accurately reflect your current wishes for the division of your assets as per your intentions. We recommend getting legal advice when making or updating a Will.

Disclaimer: The information contained within this page is provided for general informational purposes only and should not be used as a substitute for professional legal advice. This information may not apply to your specific circumstances, and it is recommended that you seek advice from an experienced legal professional to best understand and navigate your situation. Get in touch with our Family Lawyers in Applecross, WA, today.