In order to finalise marriage in Australia, an Application for Divorce needs to be made to the Family Court. This is largely a procedural step and is one that is quite different to the property, parenting and spousal support matters of your family.
Before Apply for Divorce
Before you can apply for a divorce in Australia you need to be separated from your partner for a period of 12 months. This means that you must have lived separately and apart for a period of 12 months and that during this time one, or both, of you considered that the relationship had broken down.
Living under the same roof and getting a divorce?
It is possible for you to be separated and live under the same roof and still obtain a divorce. This is proven by filing an affidavit setting out that you have both been separated but living under the same roof for, usually, financial reasons.
How long it would takes?
The marriage also needs to have been ongoing for a period of two years at the date of the Application for Divorce. If you have not yet been married for a period of two years then you need to show the Court that you have either attempted to attend family counselling together or show reasons, such as the existence of an intervention order, that means you should not have to attend counselling.
Provided you have been separated for a period of 12 months and have been married for more than two years you will be able to apply for a divorce. The application is completed by one of our solicitors online and once you have read through and agree with the application, it is signed before an authorised witness, such as a lawyer or a justice of the peace. This application is then filed, or sent to, the Court and a final hearing date is set.
This hearing is held to confirm the divorce and providing all requirements are met, the court will make an order that comes into effect one month and one day from the hearing. You do not usually need to attend the hearing date and a family lawyer can attend on your behalf. This divorce order confirms that the marriage has officially ended and will be provided electronically.
Perth divorce lawyers
Our firm is experienced in divorce applications and we can usually fix our fees for this service, providing you with certainty on the price.
To talk to one of divorce lawyers, contact us today on 08 6181 0600 or get in touch using our online contact form.