Divorce and Seperation

By definition, divorce is the process of legally dissolving a marriage, but it can often mean something different to clients than it does to lawyers.

For a client seeking to terminate the legal duties and responsibilities of marriage, the expectations of divorce can include everything from division of property to determining care arrangements for children.

For lawyers, divorce means dissolution of marriage only, and this is a relatively straightforward and inexpensive procedure. Our solicitors can assist with the preparation and filing of your Application for Divorce if the marriage has irretrievably broken down where the parties separated more than 12 months prior to the application being filed.

Can we be separated under the same roof?

If for some of that 12-month period you have lived together with your spouse, then you may still get divorced depending on the circumstances. For instance, if you have been living together for all or part of that time, then you can make the application on the basis that you have been ‘separated under one roof’.

In these circumstances the 12-month period will still be valid even though you and your spouse have been living together. We can advise whether your circumstances could properly be described as ‘separation under one roof’.

You may also have a trial reconciliation within that 12-month period which, although not included as part of the 12-month separation, will not restart the clock if the reconciliation is less than three months.

The Family Court of Western Australia has provided an online divorce kit which explains how to obtain a divorce order, and this includes information on how to make a divorce application.

For a comprehensive discussion on how to prepare your divorce application, please give our office a call. Our solicitors can also assist with the process of determining care arrangements for children and facilitating the division of property.

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