For the past 20 years, our experienced divorce and separation lawyers have represented many Perth clients in making or responding to applications for divorce and (importantly) in ensuring that all necessary steps in relation to the legal consequences of divorce are taken, and time limits are met.
In a situation where a divorce application is complicated, our mediation experts and lawyers in Perth will work closely with you and those involved to assist in resolving matters both quickly and cost-effectively.
Divorce – How It Works and The Process
Contact O’Sullivan Davies
A divorce application in Perth can be made either by one party to a marriage, or both parties jointly.
For the divorce to be granted, the Family Court must be satisfied that the parties have been separated for a period of at least 12 months immediately preceding the application, and that appropriate arrangements have been made for any children involved.
In certain circumstances a divorce can be granted where parties are separated, though living under the same roof or where there have been short periods of reconciliation (totalling less than 3 months out of a 12-month period).
Our divorce and separation lawyers in Perth, WA, know and understand the application for a divorce can be a stressful and emotional process for you and/or your family involved. Which is why we provide quality legal assistance and advice throughout the process to help you make an informed decision.
If you’re searching for one of the best divorce lawyers in Perth, Western Australia, our team are highly regarded in their field and can provide the legal assistance and advice required to achieve the outcome you desire. Call our expert divorce lawyers today on +61 8 9426 4711.
For examples on our previous divorce cases, please see the related article: Anderson & McIntosh
You are in a de facto relationship if you and your partner have a relationship as a couple living together on a genuine domestic basis.
If there is any dispute about your being in such a relationship, or the length of time you have been in such a relationship, and the Court is required to make a decision, it will look at a number of factors to determine this including but not limited to:
○ If you share a common residence;
○ If there are joint finances;
○ How you present in public.
We can assist you to determine if this will be an issue in your case at the outset.
Separation occurs when one person decides that the relationship has “irretrievably broken down” and communicates this to the other person (through words or actions). Often this happens when one person moves out of joint residence, but a couple can also live together and be separated in certain circumstances.
Sometimes people disagree about the date of separation. If the Court is required to make a decision it will look at a number of factors to determine the date.
There is otherwise no document that needs to be prepared for a separation to take place and couples do not need to agree that they are separated or obtain the other person’s consent to apply for a divorce (after 12 months of separation) or other Court proceedings (although there may be certain declarations to make to Centrelink if relevant in your case).
A divorce, when it takes effect, means that two people are no longer married.
It is separate from any agreement as to parenting arrangements or financial settlement and can take place independently of these.
Couples can apply for a divorce once the marriage has irretrievably broken down and they have been separated for at least 12 months.
Most foreign marriages are recognised in Australia, subject to certain requirements.
The fact a marriage takes place overseas does not stop the Family Court from making orders in relation to divorce, parenting, or property matters.