Family Lawyers Perth

Divorce is a very difficult process, especially after a long marriage and if there are children of the relationship.

It is important to engage a family lawyer to provide you with advice tailored to your individual circumstances and needs. It is also desirable to engage a lawyer with a wealth of knowledge and experience, who is an expert in the specific area of family and de facto law.

Our team of family lawyers have a wealth of experience about the necessary requirements and details of the divorce application. Our family lawyers are also experts in this area, should your former partner oppose the application.

The idea of obtaining a divorce from an uncooperative spouse may feel like an uphill battle. However, you do not need your spouse’s consent to obtain a divorce.

The Family Court of Western Australia is a no-fault jurisdiction. The no-fault principle, established by the Family Law Act 1975,  means that the court does not need to know the reason for the divorce, just that the marriage has broken down irretrievably and there is no hope of reconciliation.

To apply for divorce in Australia, you and your spouse must have separated at least 12 months ago. In addition, one of you must be an Australian citizen, or be living in Australia and regard Australia as your home.

However, if you wish to obtain a divorce but you have been married for less than two years, you will also have to participate in counselling to discuss the possibility of reconciliation, prior to making the divorce application.

If a divorce application is made by you alone, you will have to serve a copy of the application on your former spouse and provide evidence to the court that the application has been served and received by the other party. If you do not know the location of your former spouse, you may have to apply to the court for substituted service or dispensation of service. Our family law team can assist you in this regard.

There may be other requirements depending on the unique circumstances of your case.

The other party may then file a Response to Divorce if they disagree with any of the information provided on the application or if they oppose the divorce. If you are concerned that your former spouse may have grounds to oppose, do not hesitate to contact our team of experienced family lawyers.

If you require any information in relation to the above, or wish for a family lawyer to assist you with your application for divorce, do not hesitate to contact our office.

You can ask the Family Court set aside a decision made by a judge or magistrate. However, you will need to identify valid grounds for your appeal. This means you will need to demonstrate that there has been a significant error of law or fact. This is not an opportunity to ask the relevant Court to rehear your case.

It is important to remember that an appeal does not stop the operation of your Family Court Orders.

If you are considering making an appeal, you should seek independent legal advice about the timeframes involved to lodge your appeal, your rights, obligations, prospects of success, the prospects of costs being awarded against you, and representation.

If your agreement has been finalised or a Family Court Order has been made and the other person is not complying, you do have options. You may need to seek enforcement or pursue a contravention application.

If the circumstances of your matter have changed, there is the ability to update your agreement or Family Court Order. They can be varied or new ones can be drafted depending on the change in circumstances. This can be done by a mutual agreement or by the Family Court.

There are restrictions on the publication of family law proceedings. It is unlawful (subject to exceptions) to publish any information that can identify any person who is involved a family law proceeding or is otherwise connected to the proceedings.

If anyone does share information that includes confidential information, they could be committing a serious offence.

You can ask the Family Court set aside a decision made by a judge or magistrate. However, you will need to identify valid grounds for your appeal. This means you will need to demonstrate that there has been a significant error of law or fact. This is not an opportunity to ask the relevant Court to rehear your case.

It is important to remember that an appeal does not stop the operation of your Family Court Orders.

If you are considering making an appeal, you should seek independent legal advice as soon as possible about the timeframes involved to lodge your appeal, your rights, obligations, prospects of success, the prospects of costs being awarded against you, and representation.

If your agreement has been finalised or a Family Court Order has been made and the other person is not complying, you do have options. You may need to seek enforcement or pursue a contravention application.

If the circumstances of your matter have changed, there is the ability to update your agreement or Family Court Order. They can be varied, or new ones can be drafted depending on the change in circumstances. This can be done by a mutual agreement or by the Family Court.

In Western Australia, after a couple has been separated for 12 months, they can apply for a divorce. The preparation of a divorce application can vary. It can occur relatively quickly if it is straightforward to several months, depending on the specific circumstances and any potential complexities. If the divorce application is successful, they take effect 1 month and 1 day after the order is granted.

Property division in a divorce is based on contributions (both financial and non-financial), future needs, and fairness. When it comes to property matters, the Family Court of Western Australia will consider a assets, debts, and superannuation. It’s not always a 50/50 split but rather what is deemed “just and equitable”.

Spousal maintenance is financial support paid by one party to a former partner after separation or divorce. Eligibility depends on one party’s need for financial support and the other party’s capacity to provide that support. Factors like age, health, income, property, financial resources, and the care of children are considered.

Child custody (often referred to as “parental responsibility” or “time spent”) decisions are made based on the best interests of the child. The court will consider factors like the child’s relationship with each parent, the child’s views, the likely effect of any changes, and each parent’s attitude towards parenting, among others.

Child support is typically determined by a formula considering both parents’ incomes, the cost of raising the child, the amount of time the child spends with each parent, and other factors. Special circumstances can also be considered.

The court will consider a child’s views depending on their age, maturity, and understanding. While a child’s preference might influence the decision, it’s not the sole determining factor. The best interests of the child always take precedence.

In Western Australia, de facto partners have many of the same rights as married couples when it comes to property settlement and spousal maintenance. This includes same-sex de facto relationships. However, the criteria defining a de facto relationship must be met.

Yes, it’s possible to be considered “separated” under the law even if you continue to live in the same house. However, you’d need to demonstrate that the relationship has ended, such as living separate lives, not sharing meals or a bedroom, and informing family and friends of the separation.

Parenting orders are determinations made by the court regarding the care arrangements for children. They can cover aspects like who the child will live with, the time they’ll spend with each parent, and other significant parenting decisions.