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Browse our 1 legal question about Divorce & Separation in Australia and the lawyer answers, or ask your own questions for free.
The Family Law Act 1975 outlines Australian laws on the matters of divorce and separation. It applies uniformly across all states, including Western Australia where Joondalup is located. The Act stipulates that the only grounds for divorce is the 'irretrievable breakdown' of the marriage.
It means that the couple must have lived separately for at least 12 months and there is no chance of reconciliation. It's not necessary for both parties to agree on the divorce. If one person believes the marriage has ended, the court can grant the divorce.
While it's possible to file for divorce without legal representation, hiring a lawyer can help you navigate the complicated legal process. This is particularly beneficial if your divorce involves additional complex issues such as child custody, property division, or spousal maintenance.
A lawyer will not only help in understanding your rights and responsibilities but also assist in preparing documentation, negotiations with the other party, and representation in court if required.
Though the divorce and separation laws are primarily governed by the federal law, the Family Court of Western Australia handles all family law matters in Joondalup. The court uses both the Family Law Act and the Family Court Act 1997 (WA) for proceedings.
Western Australia has its unique system where de facto couples can split their property and finances in a similar way as married couples. You'll need to apply to the Family Court of Western Australia when seeking orders related to property division or children's issues after separation or divorce.
The divorce process begins with filing an application for divorce, either individually or jointly, with the Family Court of Western Australia. After your application is served to the other party, the court will set a hearing date.
In Joondalup, as with other parts of Australia, there's no automatic 50/50 split of property or assets. The court considers various factors such as financial contributions, non-financial contributions, and future requirements before making a fair division.
When making decisions about children’s care, welfare and development, the best interests of the child are the court’s primary consideration. This may involve determining who the child will live with, time spent with parents and child support.
Yes, you don't need the agreement of your spouse to file for divorce. If one party believes the marriage has irretrievably broken down and has been separated for at least 12 months, they can apply for a divorce.
If you reconcile after filing for divorce, you can ask the court to dismiss your application. However, if you reconcile and then separate again, you could be required to start your 12 months separation period anew.
The Family Court of Western Australia provides a range of resources and services to help couples navigate the divorce and separation process. Another useful resource is the Legal Aid Western Australia which provides information and advice about the law.
If you need legal assistance with your divorce or separation, consider consulting with a family lawyer in Joondalup. They can provide you with personalised advice, and assist in filing necessary documents and negotiating a settlement. If you cannot afford a lawyer, Legal Aid WA and community legal centres might be available to help.
