If you want to get divorced, you will need to file an Application for Divorce in the relevant Court.
You can make this Application individually, or jointly with your former spouse. Divorce is the legal end to a marriage. It is important to remember that “getting a Divorce” is not the same as property settlement. They are two different processes.
In Western Australia, you will need to file the Application in the Family Court of Western Australia.
If you live in the Northern Territory, then you should file the Application in the Federal Circuit Court of Australia.
The Court will only grant a Divorce Order if:
- it is satisfied that the marriage has irretrievably broken down;
- the parties separated more than 12 months prior to the Application being filed; and
- appropriate arrangements have been made in relation to any children of the marriage under the age of 18 years.
In some situations, the Courts may grant a Divorce Order despite the parties continuing to reside under the one roof, or where the parties have reconciled for a brief period of time (less than 3 months in a 12 month period).
We can assist you with the preparation and filing of an Application for Divorce, and appear on your behalf in Court if necessary.
For more information, please see our extensive article on everything you need to know about the divorce process.
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