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How to get a Divorce

1. When can I get a divorce?

To be separated for 12 months means you are no longer living together as husband and wife and one of you lets the other know that the marriage has broken down.

2. Can I apply for a divorce by myself?

Yes, you can apply for a divorce without having your former partner’s approval. You also do not need to prove fault in a divorce application. A Divorce order can be obtained from the Family Court of Western Australia by completing a Divorce Application at the Family Court and filing it online through the Commonwealth Courts Portal.

3. Does a divorce mean that I am financially separated from my former partner?

No, a divorce does not sort out children or property issues that arise from the breakdown of a marriage. You will need to make arrangements separately with regards to separating your property and finances and also formalising arrangements for your children.

Our Perth family lawyers at West Coast Legal are able to assist you in making an application or responding to an application for divorce. We can also provide you with an estimation of the cost for helping you complete and file the application in a timely manner.

Read more about separating your finances here

4. I haven’t married. How do I get separated?

If you have not married but have been living together with your former partner for a period of time then you may be viewed as being in a de-facto relationship.

A de-facto relationship is a relationship where you are not married but live together in a marriage-like relationship. Same sex relationships are also considered as de-facto relationships. De-facto relationships have been recognised by Western Australian family law since 2002.

5. How can I find out if I have been in a de-facto relationship?

The sorts of things that are looked at to work out whether you are or have been in a de-facto relationship include:

  • the length of the relationship
  • whether you have lived together and for how long
  • whether there is a sexual relationship
  • the extent that each of you are/were financially dependent on the other person
  • how you have chosen to own property and whether you own it together
  • how committed each of you are to shared life
  • whether you care for or support children
  • the public aspects of your relationship

6. How can I get help to separate?

Our legal team at West Coast Legal in Perth are happy to provide advice in all family law areas affecting parties to a de-facto relationship.

Get initial free advice

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Tannis and Theresa
Tannis and Theresa