You cannot sign and file the Application for Divorce in the Perth Family Court until you have been separated from your spouse for at least 12 months. The following is also considered when undertaking an application for divorce.
- At least one spouse must regard the marriage as over on the date of separation and in some way have communicated this to the other spouse.
- If you are applying 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.
- 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.
Family law matters can be very complex. It is Important to note that this is not legal advice We therefore recommend you seek legal advice from one of our very experienced Perth family lawyers. We invite you to discuss your application for Divorce with our Legal Practitioner Director, Ms. Shannon Bodeker, who has been working in family law for over 20 years.
Prior to you 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 complementary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.