If you’ve been separated for more than 12 months you will be able to apply for divorce. Long gone is the requirement to provide reasons for divorce other than that the relationship has broken down irretrievably.
The court takes this as evidence of the fact, and even if you still live under the same roof you can still obtain a divorce, provided you swear to the separation in your divorce application.
You will need your marriage certificate (or an accredited translated copy if the marriage was overseas and not in English), photo identification, and proof of citizenship (if you were not born in Australia).
The court needs to be satisfied that your children are being taken care of before a divorce will be granted but will not expect that you have a formal agreement in place regarding child custody. We also offer legal support for Child Custody in Perth.
You may be able to reach agreement with your ex-partner without having to go to Court. However, it is important to note that if you can’t reach agreement, a formal application for property orders must be lodged within 12 months of your divorce becoming final.
When you lodge your application, the court will advise the date of the hearing, usually within 2 – 3 months. The hearing is not long, and you may not need to attend. The divorce order becomes final in one month and one day from the date of the hearing, provided it is granted.
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