In Australia, we have the principle of no-fault divorce. This means that in any divorce application, the Court does not consider the reasons why the marriage has ended. The only necessary ground for a divorce is that the marriage has irretrievably broken down.
To apply for a divorce, you and your spouse must have been separated for at least 12 months. You must also show that either or both of the parties to the marriage:
If you have children under 18 years of age, the Court will also need to be satisfied that there are proper parenting arrangements in place.
A divorce application can be made solely or jointly with the other party. You will need to serve the other party with a sealed copy of your application and prove service to the Court before they can make a divorce order.
When you file your divorce application, you will be given a court hearing date. You may not need to attend the hearing, depending on your circumstances. If you have children under the age of 18, you (or your solicitor) will be required to attend.
Once your divorce order is final, you have 12 months to commence property settlement or spousal maintenance proceedings. It is important that you seek legal advice to determine the impact of time limits in the Family Court in your circumstances.
Kerr Fels are proud of the recognition we’ve received for the quality of our family law work and client services.
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Phone: (08) 6381 9080
We are open Monday to Friday 8.30am – 5.00pm
Our firm is conveniently located in the Perth CBD in the AMP Building at 140 St Georges Terrace,
Perth Western Australia