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December 2012

A divorce application can be filed with the Family Court of Western Australia only after you and your partner have been separated for 12 months. An application can be made jointly or solely. You need to show the Court that your marriage has irretrievably broken down and provide the court a copy of your marriage certificate to show evidence that there was a valid marriage.

There is a requirement under the Family Law Act that couples who have been married for less than 2 years to attend counselling with a view to reconciliation. Couples can also be separated but still be living under the same roof. Our family law team at iLaw Barristers and Solicitors can help you overcome issues such as these when applying for a divorce. The court also needs to be satisfied that any children of the marriage under 18 years of age adequate care arrangements in place before granting the divorce order.

At least one of the parties who make the Divorce Application need to show that the court has jurisdiction to grant the divorce. That is, show that at least one of the parties is an Australian Citizen or legal resident of Australia and have lived in Australia for 12 months prior to the Application being filed.

You need to be aware that if you are making a sole Divorce Application you need to serve the Divorce Application on your former spouse. The court has strict rules on service of Divorce Applications and then the relevant forms need to be filed with the court to show that your former spouse was served and made aware of the Application.

Our family and divorce lawyers at iLaw can also assist you with parenting matters as well as property and financial settlement simultaneously with our divorce application.

Please Note: The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of iLaw’s legal practitioners who will consider their particular circumstances