Proving Separation to The Court

You cannot sign and file the Application for Divorce in the Family Court of Western Australia until you have been separated from your spouse for at least 12 months.

At least one spouse must regard the marriage as over on the date of separation and in some way communicate this to the other spouse.

Proving Separation and your Spouse’s Intention

If you are applying for a divorce in the Family Court of Western Australia on your own, you should not refer to the intention of your spouse unless you can provide further information as to how you knew what your spouse’s intention was at the time.

Proving Separation to the Court with information

When filing an Application for Divorce you should be prepared to provide the Court with information about what happened or what was said on the date of separation to show that one or both of you intended to end the marriage.

Applying For Separation Under the Same Roof

It Is possible for you and your spouse to live together in the same home and be separated for a period of 12 months. This is called ‘separation under the one roof’. If this applies to you, the Court will need to be shown that you were separated during this time.

Applying on your Own without Perth Divorce Lawyers

File an affidavit if you apply on your own. Get an independent person, such as a family member, friend or neighbour, to file an affidavit regarding the change in the relationship between you and your spouse.

Applying with your Spouse without Perth Divorce Lawyers

File a separate affidavit if you and your spouse apply for a divorce together. If only one of you can file an affidavit, get an independent person to file an affidavit regarding the change in the relationship between you and your spouse.

Information Required to Prove Separation without Perth Divorce Lawyers

When filing an Application for Divorce provide to the Court information about what happened or what was said on the date of separation to show that one or both of you intended to end the marriage.

Family law matters can be very complex. It is important to note that this is not legal advice. We, therefore, recommend you seek specific legal advice from one of our very experienced Perth family lawyers if you need assistance filing for Divorce. You are invited to discuss your particular matter with our Legal Practitioner Director, Shannon Bodeker.

Prior to your first appointment, you may send us an email, fax or similar, outlining your situation in as much detail as you like. This information will be read on a complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.

Email our Legal Practitioner Director, Shannon Bodeker at Shannon@bodekers.com.au, for your complimentary pre-read and first appointment at a reduced rate.

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