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Divorce and Separation

We don't just see divorce as a process of bringing a marriage to an end - it is also the beginning of a new journey for both parties. In our experience, the path to obtaining a divorce order can sometimes be a complex one, both financially and emotionally.  

Whilst obtaining a divorce order is a separate matter to resolving property settlement and parenting related matters, it can have an important impact on both.

For example, securing a divorce order commences a 12 month period within which you have leave to apply to the Family Court to resolve property settlement matters, if they can't be agreed by consent. 

In many cases (but not all), obtaining a divorce order is one of the last matters to address after separating.  

You must obtain a divorce order prior to re-marrying again to avoid being found guilty of bigamy (i.e., being married to two or more people at the same time).

In our experience, there are many causes for marriages to fail which may include:

  • marrying for the wrong reason;
  • financial stress;
  • a lack of commitment by one or both parties;
  • age;
  • Behavioural issues;
  • infidelity; and
  • drug/alcohol abuse.

Divorce does not have to be a messy drawn out affair.  

If you have found yourself in a situation where you or your partner have decided to end your marriage, it is important to seek advice from a qualified and experienced divorce lawyer who can help guide you through the process, including advice on how to protect your assets, your future interests and more importantly the future of any children that may be involved.

We have provided some useful tips in our Resources section of our website that may help you at this time: “Is the grass looking greener on the other side?

So whether you are considering divorce, have decided divorce is inevitable or your partner has brought the aspect of divorce upon you, we strongly recommend you talk to one of our friendly and helpful team.

Through our initial consultative process, we help you understand where you are at, what you will need to do, and what your options can be.

The facts surrounding Divorce in Western Australia

In Western Australia, the process of separation, property settlement and divorce can happen at different times. The Family Law Act 1975 (Cth)  establishes the principle of no-fault divorce in Australian law. This means that a Court does not consider which partner was at fault in the marriage breakdown. The only ground for divorce is the irretrievable breakdown of the relationship, demonstrated by twelve months of separation. 

When can I apply for Divorce?

You can apply for a Divorce Order in Australia if either you or your spouse:

  • regard Australia as your home and intend to live in Australia indefinitely;
  • are an Australian citizen by birth, descent or by grant of Australian citizenship; or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

It is also necessary for you and your spouse to have been separated for at least twelve months with no reasonable likelihood that you will reconcile.

It is possible to be separated and still live under the same roof. For more information about one roof separation, please see our FAQ.

Our experienced professional team can provide you with the advice, guidance and the assistance necessary to approach your separation and divorce in an appropriate and effective manner.

You can call us on (08) 9443 1111 or contact us through our online enquiry form.

Call us today on 9443 1111 and
let us help you change tomorrow.