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.
Proving Separation by One Spouse
At least one spouse must regard the marriage as over on the date of separation and in some way communicated 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.
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 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 complimentary basis prior to your first family law appointment. We get to know you and your family law matter before we meet.