Divorce Lawyers Perth
Bodekers Family Lawyers and Mediators are divorce lawyers Perth families trust to do the best for them.
If you were married and have now separated, divorce is one of the issues you may need to deal with. Divorce is the legal ending of a marriage and requires an order from the Family Court.
Married couples can apply to the Family Court for a divorce 12 months and a day after separation. An application can be made by either the husband or the wife individually, or the husband and the wife can jointly make the application.
Australia is a “no-fault” jurisdiction for divorce. This means the Family Court will not consider why the marriage broke down or if a party was at ‘fault’.
The grounds for divorce are that the marriage has irretrievably broken down and that there is no chance of reconciliation. This is evidenced by the parties living separately and apart for continuous period of 12 months If you have been married for less than two years and are seeking a divorce. You may need to attend counselling prior to applying to the Family Court.
An order only ends the marriage. It does not deal with issues relating to your children or finances. There are time limits relating to property and/or spousal maintenance applications after an order has been made.
If you have been married and intend to remarry, you can only re-marry if an order has taken effect. You should not plan to remarry until the order is finalised.