DIVORCE LAWYERS PERTH

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Bringing certainty to the divorce process

  • Ensuring all necessary steps are taken
  • Helping both parties come to an agreement
  • A wealth of experience and expertise

DIVORCE AND SEPARATION LAWYERS

For many families, going through divorce or separation is an emotionally taxing and difficult time. With a lot to consider, having support to navigate the confusion and uncertainty makes all the difference.

At O’Sullivan Davies, our expert team of lawyers, solicitors, and staff are committed to resolving your divorce matters in an effective, satisfactory, and timely manner to potentially reach a mutual agreement between both parties. Our experienced divorce and separation lawyers in Perth will guide you in ensuring all necessary steps are taken regarding the division of assets, maintenance, parenting, child support, and other important factors. We will take time to explain the various divorce and separation law systems and processes, including the options open to you and the most efficient way to achieve those.

As members of the Law Society of Western Australia, the International Academy of Family Lawyers (IAFL), and the Family Law Practitioners’ Association (FLPA), you can trust our current and previous partnerships and experiences to help make the uncertain, certain.

FAMILY DIVORCE LAW

For a divorce to be granted here is Australia, the Family Court must be satisfied that both parties have been separated for a period of at least 12 months before a divorce application is made. Appropriate arrangements must also be made for any children involved.

If the other party is being unreasonable or uncommunicative, our experienced divorce lawyers can help resolve disputes through mediation, arbitration, or negotiation. Our separation lawyers can also work with the court to issue personal protection orders if you are concerned about your safety or that of your children. The court can also issue injunctions restraining the other party from entering the home, school, or workplace of you and your children.

COLLABORATIVE FAMILY LAWYERS PERTH

At O’Sullivan Davies, our dedicated team of lawyers can offer a collaborative approach, by aiming to resolve family law matters without going to court. As experienced collaborative lawyers, we promote open communication and cooperative problem-solving, providing a supportive framework to help both parties navigate the emotional and legal aspects of divorce. Our aim is to empower families to achieve balanced and workable outcomes for parenting, asset division and child support, guided by expert legal advice every step of the way.

CONTACT OUR FAMILY LAWYERS TODAY

It’s important to remember that every situation is different. Our team will develop a strategy that suits your personal needs, giving you clarity for the path ahead. To help achieve a suitable outcome for you and your family, contact our lawyers today.

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Frequently Asked Questions About Divorce

Divorce can raise many questions, particularly around eligibility, the application process and what to expect from the Family Court here in Western Australia. Below, we’ve answered some common questions to help guide you through the process.

People often confuse the “divorce process” with property settlement and other family law matters. A divorce ends your marriage. It does not separate your assets or put in place arrangements for your children.

An application for divorce can be made when you have been separated for 365 days. Divorce applications are lodged online through the Family Court of Western Australia’s eCourts Portal: https://ecourts.justice.wa.gov.au/.

Once filed the divorce will be allocated a hearing date when the Court will consider the application, usually in the absence of the parties. You select this date when you file. If the Court finds you have met the criteria for divorce, the divorce order will be made and will take effect one month after the hearing.

Once you have been separated a year you can apply for a divorce. There are no exceptions, you must be separated for 365 days. After you make the application online the process takes about 3 months for a divorce order to issue.

You can remarry the day after your divorce order becomes final. Not before.

There are no 14 grounds. There is one: the parties have lived separately and apart for 12 months and there is no possibility of reconciliation.

It is up to the client to meet the cost of their own lawyer’s fees (if they choose to instruct a lawyer). Your ex-spouse is not obliged to share or split the cost of the drafting of a divorce application with you, but this is something you can share the cost of if you both agree to it.

For court filing fees: there is no rule. A divorce application can be made solely by one party, or jointly. In practical terms, it is usually the person who wants to file the divorce application who pays the filing fee. You can negotiate to have the other party share the cost of the fee, but they are not obliged to do so. Filing fees are more often shared when the parties are applying jointly to the court. In some circumstances the court filing fees can be reduced if some criteria are met.

When looking for a divorce lawyer, it’s important to choose someone with solid experience in family law and who understands the court processes in your state or territory. Ideally, you should look for a lawyer who practises predominantly in family law, as they will be familiar with the complexities of divorce, separation, and related issues.

A helpful starting point is to search the list of family law accredited specialists available on your local Law Society website. You may also benefit from personal recommendations from trusted friends, colleagues, or professionals who have had positive experiences with family law practitioners.

Divorce and separation can be emotionally challenging. Because the process may involve discussing sensitive and personal matters, it is important to choose a lawyer you feel comfortable with and supported by. A good lawyer should communicate clearly, listen attentively, and help guide you through each step of the process with care and professionalism.

Pursuant to the Family Law Act 1975 (Cth), parties seeking a divorce must have been separated for at least 12 months before filing an application with the Family Court of Western Australia.

Once the separation requirement has been satisfied, parties may apply for a divorce either jointly or by sole application. After the application is filed, the Court will allocate a hearing date based on its availability. This date may not be guaranteed in advance and is subject to the Court’s listing schedule. The period between filing and the hearing will depend on the Court’s workload and whether the requirements for service have been properly completed. This timeframe is typically several weeks to a few months.

After the hearing, if the Court grants the divorce order, the divorce does not take immediate effect. By law, a divorce order becomes final one month and one day after it is granted. At that point, the marriage is legally dissolved, and the parties may obtain a divorce certificate as evidence of the dissolution.