Divorce & Separation

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Divorce is not just a process of bringing a marriage to an end. It is a beginning of a new journey for both parties, however, the path to obtaining that divorce can sometimes be a complex one, both financially and emotionally, and our team of expert Divorce Lawyers can assist you through that process.

If you have found yourself in a situation where you or your partner have decided your relationship can no longer continue then it is worth seeking information from qualified and experienced divorce lawyer who can help guide you through the process in order to protect your assets, your future interests and more importantly the future of any children that may be involved.

Divorce does not have to be a messy drawn out affair. Not all Family Law firms are the same. At Dimond Family Lawyers we have years of accumulated experience in helping parties find mutually beneficial outcomes, reducing the need for drawn out battles that can cause unnecessary expense. We understand the efforts and commitments people have put into making a marriage work and the pain associated with its breakdown.

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.

The emotional stress of divorce can often cloud people’s judgements and emotions. It can be very reassuring when you know there is be a team of dedicated professionals focused on delivering the best possible outcome for you.

There is an important saying “It takes two to make a marriage and two to break it”.

The reasons are important and will play a part in the process, but our focus is helping you get to where you need and want to be.

If you are considering bringing a marriage to an end, then there are some very important steps you should take before putting your thoughts into actions.

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.

At Dimond Family Lawyers we are there with you every step of the way.


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 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.

In many cases, obtaining a Divorce Order is the last thing that you may choose to do.

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.

Fixed Fee Divorce

At Dimond Family Lawyers, we offer our clients a Fixed Fee costing arrangement for a simple divorce.

A simple divorce means that there are no issues with regard to jurisdiction or service of the Application. If there are additional issues to address, our team will be able to provide you with an updated estimate of costs.

1 Joint Divorce Application $1,500 + GST + disbursements (with disbursements to include photocopying, filing fees etc.)
2 Application for Divorce – no children under the age of 18 years $1,800 + GST + disbursements (with disbursements to include photocopying, filing fees etc.)
3 Application for Divorce – children under the age of 18 years $2,000 + GST + disbursements (with disbursements to include photocopying, filing fees etc.)

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,  if after hours, contact us through our online enquiry form.