How To File For a Divorce

Getting a divorce in the Family Court of Western Australia starts with you and your husband or wife being separated for a complete 12 months before applying for a divorce order.

You do not have to be physically separated, as some married couples find themselves continuing to reside together after they decide to separate for the benefit of children, for financial reasons or for any other reason that make living together after separating the chosen option for the former married couple.

It should be noted that if a husband and a wife have been living together at any stage in the 12 months following their separation then they will have to file additional documents to support their divorce application.

Once a husband and wife have completed the 12 month mandatory period after separation they will be able to apply to the Family Court of Western Australia for a divorce.

Applications to the Family Court can be made jointly by both the husband and wife or solely by either the husband or wife.

If the parties decide to file a joint application they are both required to sign the completed divorce application.

If one party applies for a divorce, the application is only required to bear that person’s signature. You do not need your former spouse’s permission to apply for a divorce.

After the divorce application is signed it should be filed in the Family Court of Western Australia.

Once the Family Court receives the divorce application it will be process in the usual manner and a date allocated for the hearing. The divorce application will then be returned to the applying person or persons.

If either the husband or wife have applied for a divorce as a sole applicant, they are then required to effect personal service of the divorce application on the other spouse to the application.

The final step is the husband and/or wife attending the Family Court of Western Australia on the allocated date for the application to be considered by the Court.

There are some circumstances where the parties are not required personally attend Court for the hearing as the Court may be prepared to consider the divorce application in chambers without personal attendance.

After the Court considered the application and pronounces the orders, your Divorce Order will take effect in 1 month and 1 day after that date.

Once the parties are divorced there are several other areas of family law that should be carefully considered to pave the way for a new beginning.