Divorce Lawyers Perth
At HHG Legal Group, we have been assisting individuals and families for over 100 years, with offices in Perth, Joondalup, Mandurah, Bunbury and Albany. When dealing with a relationship or marriage breakdown, you need legal advice that you can trust. Our Divorce Lawyers in Perth & across WA will work alongside you during the divorce process. This includes the preparation of your application for divorce and any supporting documents required.
How do you apply for a divorce?
The divorce process in Western Australia is fairly straightforward, however, there are still certain requirements and steps you must take to ensure the court will grant a divorce.
Step 1: Meet the requirements to get divorced.
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Firstly, you should ensure you are in the right court. The Family Court of Western Australia can only issue a divorce if either you or your spouse:
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are an Australian citizen, or
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regard Australia as your home and intend to live in Australia indefinitely, or
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ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.
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You and your partner need to separate for at least twelve months before you can get divorced. Separation occurs when the concept of separation is communicated and then acted upon.
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If you have been married less than two years, from the date of filing your divorce application, the Court may require you attend relationship counselling before granting a divorce.
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If you have children you will need to tell the court that arrangements have been made for their care.
Step 2: File the divorce application.
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Before filing, you will need to provide your Marriage Certificate. If it is not in English, you will need a translation.
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You must file your divorce application using the Commonwealth Courts Portal. You and your former spouse can do this jointly, or you can do this by yourself. A fee is payable to the Court upon filing the application.
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A Registrar of the Family Court will review the Application once filed.
Step 3: Serve the divorce application – sole applicants only.
If you file an Application for Divorce in your sole name you will be required to attend a brief court hearing. You also must serve your spouse the divorce application at least 28 days prior to the date of the Divorce Hearing. You must serve the application in accordance with the Family Law Rules.
How long does a divorce take in WA?
Before filing for divorce, you must have been separated for a year. After your application has been filed a court date will be scheduled. This is usually six to eight weeks after filing. One month and one day after your hearing, your divorce will be finalised.
How much does a divorce cost in WA?
A divorce application costs $930 to file, or $310 if you qualify for a reduction.
Our Perth divorce lawyers can help you obtain important documents such as your marriage certificate
If you are missing something such as your marriage certificate, our family divorce lawyers can provide assistance. With our help, you can write an affidavit that explains why the documents are unobtainable and still get divorced.
Who gets what in a divorce?
A divorce is separate from a property settlement. Divorce ends your marriage. Divorces do not deal with arrangements for children or how you and your former spouse should divide your property. You can finalise a property settlement as soon as you separate. However, you must do so 12 months after your divorce or you will need to file a court application. Our family divorce lawyers have extensive experience in these matters and can assist you if you find yourself in this situation.
OUR DIVORCE LAWYERS IN PERTH CAN HELP YOU WITH:
- Alternative dispute resolution
- Asset Protection
- Consent agreements
- Child abduction
- Child custody
- Child relocation
- Child support
- Enforcement
- Family law matters
- Financial settlements
- Maintenance
- Property Settlements
- Restraining orders and injunctions
- Setting aside orders or agreements
- Separation
- Spousal Maintenance Applications
- Spousal Maintenance Orders
- Superannuation Splitting
How will this impact my Will?
Usually, in Western Australia, a divorce order will revoke a Will. There are exceptions to this. Please contact us for legal advice regarding your Will if you are going through a separation.
Can the public access my divorce records?
The Family Court holds all divorce records. The public can access other people’s records in rare circumstances. To do so, a person must write to the Family Court to request a copy of the relevant record and explain why they require it. The court will then consider the application. This is not easy. If you seek somebody else’s divorce record we urge you to obtain legal advice.
HOW CAN OUR DIVORCE LAWYERS IN PERTH HELP?
The divorce process has become much more manageable. In most cases, parties are able to resolve things themselves. Where this is not possible or if your case is more complex, our divorce lawyers can use their experience and expertise to help ensure a smooth resolution with your best interests in mind.
Our Perth Divorce Lawyers are here to support you
We understand that going through a relationship breakdown can be a very difficult time. For more information about how our family lawyers can assist you with the legal process, or arrange a confidential discussion, please visit our contact page to submit an enquiry or reach out to your preferred office directly. We have offices in Perth, Joondalup, Mandurah, Bunbury, and Albany. We have experience representing and advising clients throughout all of Western Australia.
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