Same-Sex Divorce Applications.

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Dianne Caruso, our Family Dispute Resolution Practitioner and Special Counsel at HHG, has provided an update regarding Same-sex Divorce Applications.

Can same-sex couples apply for divorce in the Family Court of Western Australia in the same way as other married couples?

Yes. The Family Court of Western Australia updated its divorce procedures in November 2020 to better accommodate same-sex marriages. The Divorce Application form was amended to replace the terms “Husband” and “Wife” with the gender-neutral terms “Party 1” and “Party 2”. Same-sex couples can now file divorce applications through the Commonwealth Courts Portal, and solicitors are required to lodge applications electronically. These changes ensure that divorce procedures are accessible and inclusive for all married couples.

DIVORCE APPLICATIONS FOR SAME-SEX COUPLES

Last week, the Family Court of WA issued a Practice Direction (No. 4 of 2020), to be effective from 24 November 2020. Amongst these changes was the Form 3 Divorce Application, which has now been amended to delete the words “Husband” and Wife” and insert “Party 1” and “Party 2”, making allowance for same-sex marriages.

In addition, Divorce Applications for same-sex marriages can now be eLodged via the Commonwealth Courts Portal, can now be eLodged via the Commonwealth Courts Portal and must be eLodged, if lodged by a solicitor.

HHG Legal Group’s Family & De Facto Law Team can assist you

For over 100 years HHG Legal Group has been proudly serving Western Australian families, business and individuals. Our Family team is one of the most highly regarded in the state, and are on hand to provide advice and assistance with:

Our lawyers are committed to delivering pragmatic advice and insight, in order to gain the best outcome for you and your family, so contact us via email or call us on 1800 609 945 to make an appointment.

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* The information provided in this website serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently.