When can you apply for a divorce?
Although the process in Western Australia is fairly straightforward, there are still certain requirements that must be met for the Family Court to grant a divorce. These include proving to the Court that:
- You meet the jurisdictional connection with the law in Australia;
- Your marriage has broken down irretrievably;
- You and your spouse have been living separately and apart for at least 12 months;
- Arrangements have been made for the care of any children; and
- You have been married for at least 2 years (or alternatively you have attended counselling).
Our family law team can assist you with meeting the above requirements, including if you have been separated but are still living under the same roof.
What is the process for obtaining a divorce and can you make a sole application?
HHG Legal Group’s family lawyers will work alongside you during the divorce process, including with the preparation of your Application for Divorce and any affidavits in support.
Parties can make an Application for Divorce to the Family Court in their own name or jointly and a fee is payable to the Court upon filing the application.
Once filed, a Registrar of the Family Court will review the Application. If a party has filed an Application for Divorce in their sole name, they will be required to attend a brief court hearing.
How will a divorce affect your property settlement?
You can finalise a property settlement agreement as soon as you have decided to separate.
However, if you have been married, you have only 12 months after your divorce to make an application for a property settlement. If you do not meet this deadline, you will need special permission from the Court to make an application in relation to a property settlement. Our Family Law Team has experience in these matters and can assist you if you find yourself in this situation.