Appius Lawyers - Perth Lawyers

Divorce Lawyers

  • Perth Divorce Lawyers with legal experience to handle your Family Law matter
  • We are a full-service Perth Family Law firm

Effective Divorce Lawyers in Perth, W.A

Experienced Perth Divorce Lawyers to handle your Family Law matter

The breakup of the family unit, followed by a formal divorce is difficult for many. The difficulty is not only the emotional and the psychological stress caused by the relationship breakdown, but there are many other things to deal with including dealing with a couple’s financial affairs, and arrangement where there are children involved.

In our experience, that who are going through the separation process, are concerned and unsure of what to expect and how to move forward. We understand this, and the anxiety that such uncertainty may cause. We will walk you through the process and what you need to consider and factors you need to take into account to have the most successful outcome for you and your family.

How we can help…

At Appius Lawyers, we understand that getting a divorce can be a stressful time. Our lawyers are experienced in the multiple aspects that Family law entails. We handle every case with sensitivity and empathy. We make sure that proper care and consideration is taken at every step of the divorce proceedings and other aspects of your family law matter. 

Our lawyers are also commercially minded and can provide extensive advice (including creating an action plan) in relation to financial family law matters with family businesses or complex asset pools.

Competent and Savvy Divorce Lawyers

Taking Care of your Needs with Respect and Empathy

If you’re looking for competent and savvy Perth-based divorce lawyers, you are in the right place. Our Family lawyers have the extensive legal knowledge and will handle your matter with sensitivity, respect and care. We understand that divorce cases are sensitive by nature and that every case has its own unique circumstances. We’ll work closely with you to understand your needs and strive to achieve the best outcome for you and your family during your divorce proceedings.

Divorce – Formal termination of marriage

To apply for a divorce in Australia you make an application to the Court, formally seeking a divorce.

The divorce process itself is quite separate to the division of property and children’s matters.

A divorce application can be made jointly or unliterally. In Australia we do have ‘no fault’ divorce principle, that means, you do not have to show a cause for divorce if you can meet the conditions of a divorce application being granted.

In order to be granted a divorce, if you have been married for over 2 years, you must be separated for 12 months before the family court will grant a divorce. The separation may be provable even, if the parties lived under the same roof but separate. There are some additional requirements for those who have been in marriages of less than 2 years.

we will help you prepare and apply for the divorce as a part of property settlement and any matters involving the children.

Property Matters (financial settlement)

A Divorce by itself does not automatically deal with a couple’s property settlement.

Once separated quite naturally, most couples desire is to separate their assets and financial affairs for the ex-partner. Unless the couple can privately reach an agreement, from the date of the divorce taking effect a party has 12 months to commence proceedings in the Family Court. If the 12 month is missed, and application can still be filed but only with leave of the court.

Even where a couple have sensibly reached a private agreement, any such agreement should be filed with the court to become court orders, both to ensure it becomes enforceable and for purposes of stamp duty exemptions where there is real property as part of the assets.

It is however not always easy, especially right after the breakup of the relationship for couples to agreed or even understand what and how the pool of assets should be divided. For instances initial contributions to a marriage erode over time and become less relevant the longer the couple is married.

It is always desirable both in terms of costs and emotional impact that an amicable resolution is reached, and the agreement finalised by way of a consent order. Only where negotiations breakdown, or an outcome cannot be reached formal proceedings are to be commenced.

Our lawyers can assist in providing you concise advice about what your entitlements may be and help you understand what a just and equitable outcome in your circumstances. We can also assist with matters relating to any spousal maintenance that must be paid.

Read more on our Property settlement page.

Children’s Matters

If you have children, the law will help you resolve:

  • Who the child is to live with
  • The time a child will spend with the other parent
  • How education, health, and other needs of the child are to be met

A couple may enter into a Parenting Plan, and avoid formal court proceedings. This is an informal process yet not enforceable in court, unless the terms of the parenting plan have been filed in court by way of consent orders. We can assist with drafting a Parenting Plan if you would like to try this process.

Consent orders are made by the court, and are enforceable. This is when the parties can agree for the care and arrangement involving their child or children. A consent order requires both parents to comply with the orders, subject to any subsequent agreed departure from the orders. It is always our advice that the parents, in the absence of threat or danger to either parent but particularly the child or children to try and amicably resolve who the child will live with and time spend with other parent as well as the other arrangements for the child or children.

Unless a matter is urgent, the court requires that the parties attempt mediation prior to applying to the court. If you can’t agree on the time that each parent will spend with the children or child, following mediation we will advise and represent you in court proceedings. Even if an application is filed with the court, there are opportunities to mediate and most disputes are ultimately resolved by consent. We work hard to get the matter resolved as quickly as possible for you. If the matter does not resolve it will go to a final hearing.

If you need help you can speak to a family lawyer about your parenting matter. Contact us today or if you want more information, please go to our Children page here.

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Divorce – Formal termination of marriage
FAQ - Frequently Asked Questions

Divorce does no directly impact or effect property settlement. You can get a divorce and never apply or deal with your property settlement, or where circumstances are just and fair separate your assets and not be divorced. A division of assets after separation can be achieved either by agreement or through mediation and the Family Law Courts.

Once divorced, there is a time limit on when an application for property settlement can be made. If the deadline is missed, leave of the court is required to file an application for property settlement.

If you are trying to reach an agreement, our family lawyers can assist. We have experience and knowledge of the family law court system and how the court’s look at dividing assets between separating couples. Through this experience we can help you make the most informed decision when making your property and financial decisions during divorce.
Read more on our Property settlement page.

In order to finalise a 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 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.

It is possible for you to be separated and living 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.

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.

Our firm is experienced in divorce applications and we can usually fix our fees for this service, providing you with certainty on the price.

Why use Appius Lawyers Services?

Features benefits from Appius Lawyers

01

You Work Directly with An Solicitor

One of the primary benefits of hiring Appius Lawyers is that you’ll receive personalised service.

02

Expertise and Creative Solutions

Appius Lawyers is much smaller than the mega-firm, but we offer clients expertise and creative solutions at a cost that many larger firms simply can’t match.

03

More Flexibility with Fees

One of the top benefits of working with Appius Lawyers is having more flexibility when it comes to billing structure.

04

Small Business-Friendly

The great thing about working with Appius Lawyers is that we focus and take the time to learn your industry, to understand your business and what we can do to help it move forward.

Working Proccess

We give easy working proccess requirments

Step 1

Schedule An Appointment

Appointments can be made on a “face-to-face” basis at one of our offices or, alternatively, via telephone or Skype.

Step 2

Get Schedule

Once your appointment is “booked in”, you will be emailed a Client Interview Form to complete and return to us before our meeting.

Step 3

Your First Appointment

For the most part, initial appointments will last around an hour, give or take.
All initial appointments at Appius Lawyers must be paid for either in advance or on the day of the consultation if you are coming into the office.

Last Step

Become a Client

When you become a client at Appius Lawyers we will, first of all, assess the level of urgency in your matter.This is so we can arrange for the necessary legal and administrative resources to be allocated to your case. It will also determine how much you may have to deposit in our trust account for the requisite work to be undertaken.

Book an Appointment

Please note that we will contact you to gather some further information about your situation and will then confirm your appointment with the most appropriate lawyer for your matter.
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Need Help? 08 6181 0600

Please note that we will contact you to gather some further information about your situation and will then confirm your appointment with the most appropriate lawyer for your matter.