Divorce Lawyers Perth

This type of separation is fairly self-explanatory and in the majority of cases the facts will speak for themselves. This kind of separation usually and one of the parties moving out, and otherwise living separate lives from that point onwards.

This type of separation is a little bit harder to deal with. If you have split up with your ex-partner but have continued to live in the same house, you must prove that your partnership has broken down.

This consists of various things that typically make up a relationship, such as marital intercourse, socialising and spending time together, sharing household chores, and eating meals together

In the case of The marriage of Woods the court found that the parties simply could not afford to live separately and the husband came home at weekends, living at his place of work during the weeks. The parties slept in separate rooms, did not eat together and the husband did all his own household chores. The court found that this was enough to count as being separated under the same roof.

If you have been separated under the same roof, it is necessary to file an affidavit with your divorce application. Our team of Perth Divorce lawyers can help you with more information about this.

If you have been married for less than 2 years, the court has an additional requirement for getting divorced.

You must obtain a certificate that states that you and your ex-partner have considered a reconciliation with the assistance of an appropriate counsellor or organisation.

There are some circumstances where you can file an affidavit instead of the counselling certificate such as if there was family violence or you don’t know where your ex-partner is.

Not anymore. Since the 1976 changes to the legislation, Australia has a ‘no fault’ divorce system. This means as long as the separation period is met and your marriage has irretrievably broken down, the reason for the breakdown doesn’t matter.

No, your property split is completely separate to your divorce and you still have a year from your date of divorce to lodge an application to the court for your property matter.

Yes, the Australian courts will recognise an overseas divorce as long as the divorce complies with the laws of the country in which it was made.