If you’ve found this blog post, you’re probably wondering how to get a divorce in WA. As family lawyers in Perth, we’ve helped countless couples to get divorced in WA.
Here are some of the key questions you need to ask yourself before you start divorce proceedings.
How Long Have You Been Separated?
In order to start your divorce with the courts, you need to prove you have been separated for at least 12 months.
Property and financial matters can be jointly agreed and settled prior to this if needed, but to formalise your divorce you do need to wait 12 months from your date of separation.
Can We Still Be Living Together But Separated?
Often it’s not financially possible for couples to physically move out of their shared homes. For others, remaining under one roof might be the most practical option, e.g. when it comes to looking after the children.
You can continue to live in the same house together, but do make a note of your actual separation date. Some ways to do this include financially separating your joint bank accounts, and advising your mortgage lender or rental agent of your separation.
What If We Reconciled Then Separated Again?
If you do happen to get back together after your separation, and then subsequently separate again, the 12 months will reset to your latest separation date.
What Happens If We Married Overseas?
Even if you got married outside of Australia, you can still apply for a divorce in Australia if either you or your spouse:
- regard Australia as your home and intend to live in Australia indefinitely, or
- are an Australian citizen by birth, descent or by grant of Australian citizenship, or
- ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
Do I Need A Reason To Get A Divorce In WA?
In Australia, we follow the principle of a no fault divorce. This means that you do not need to prove that one person was at fault for the breakdown of the marriage.
To get a divorce in WA (and across Australia), you simply need to state that the marriage has broken down irretrievably.
What Documents Do I Need?
In all cases, when you apply for a divorce in WA, you need to provide your marriage certificate along with your divorce application for.
The divorce application form is completed and submitted online through the Commonwealth Courts Portal.
If you make a sole application to the Court, you will also need to prove that your spouse has been served with the documents, by filing an Affidavit of Service.
If your marriage certificate is not in English, you will need to have it officially translated and submit an Affidavit of Translation of Marriage Certificate from the translator.
If you are separated but still co-habiting, you will also need to file an affidavit to provide details of your separation.
Do I Need A Divorce Lawyer To Get A Divorce?
In short, no you don’t need a divorce lawyer in order to get a divorce in WA.
However, hiring a trusted and reputable divorce lawyer can help make the whole process less stressful and often quicker than doing it alone.
As respected divorce lawyers in Perth, we deal with divorce applications and court proceedings on a daily basis. Our legal team is well-versed in the ins and outs of applying for a divorce on behalf of our clients.
If you want to get a divorce without the stress and strain of doing it yourself, we’re ready to help you.
We can complete your applications, serve papers as required, and attend court hearings to represent you.
Book an obligation-free phone consultation with one of our experienced and supportive divorce lawyers today.