Divorce Lawyers Perth

Our Perth divorce lawyers at Davies & Co are highly experienced in all divorce legal matters.

The Family Court operates on the principle of no-fault divorce. This means that the Family Court does not consider why your marriage has ended.

To obtain a Divorce Order you need only satisfy the Family Court that you and your spouse have lived separately and apart for at least 12 months and that there is no reasonable likelihood of resuming married life.

In certain circumstances, the Family Court can make a Divorce Order where you are separated but living together in the same home or where there have been short periods of reconciliation.

An application for a Divorce Order can be filed at any time after you and your spouse have lived apart for 12 months, but if you have been married for less than 2 years, the divorce application will need to be accompanied by a certificate stating that you and your spouse have considered reconciliation.

An application for divorce can be made by you, or by your spouse, or by the two of you jointly.

Prior to making a Divorce Order the Family Court must be satisfied that:

  • There are no children of the marriage under the age of 18; or
  • There are such children, and that proper arrangements have been made for their care, welfare and development; or
  • There are circumstances why the divorce order should be granted even if the Family Court cannot be satisfied that proper arrangements have been made.

A Divorce Order ordinarily takes effect automatically 1 month after the order is made. Once this has been made your marriage formally ends and you are free to remarry.

Getting a Divorce Order does not sort out issues relating to the division of your property and assets, maintenance, or arrangements for children, or child support. You will need to make these arrangements separately.

Our team can advise you on the most appropriate and cost-effective way to obtain a Divorce Order, and represent you when you make or respond to an application for divorce in the Family Court.