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Divorce & Separation

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Most people enter marriage expecting it to last. When a relationship comes to an end, it is rarely something anyone planned for. Separation and divorce can be a challenging and stressful time, often accompanied by uncertainty about the future.

Divorce and Separation

During separation and divorce, many couples also face other legal issues, including parenting arrangements for children, property settlement, division of joint assets, and other family law matters. These issues can be difficult to navigate without clear legal guidance.

If your relationship has come to an end, you may be unsure about your legal rights, responsibilities, and the steps ahead. Having an experienced divorce lawyer by your side can make a significant difference during this major life transition.

Whatever your circumstances, you will always receive a personal, understanding, and welcoming approach from our Perth divorce lawyers. We understand that divorce can be costly, but we are one of the most affordable divorce lawyers in Perth. Our Perth divorce lawyers will work with you to ensure that we save money where we can, without in any compromising the divorce services that we provide to you.

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This section provides more information on divorce and separation.

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Some of our divorce clients have an amicable relationship with their spouse on separation and need only minimal involvement from our Perth divorce lawyers. Other clients may require more substantial involvement from our Perth divorce lawyers.

A divorce formally ends a marriage. It does not sort out issues relating to property settlement and maintenance, parenting arrangements, or child support.

No-fault divorce

In the past, married couples who wished to separate had to prove that they qualified for a divorce. The most common criteria were adultery, cruelty, or desertion without cause for at least two years. Applicants had to prove that their estranged spouse had committed a matrimonial offence while they themselves had not (or if they had, it should be overlooked). Failing to prove their case meant having to stay in their unhappy marriage.

Since 1975, Australian Family Courts have operated on the principle of no-fault divorce. This means that the Family Court does not consider why your marriage has ended.

Obtaining a Divorce Order

To obtain a Divorce Order you need only satisfy the Family Court that you and your spouse have lived separately and apart for a minimum of 12 months and that there is no reasonable likelihood of resuming married life, regardless of the length of the marriage.

In certain circumstances, the Family Court can make a Divorce Order where you are separated but living together in the same home or where there have been short periods of reconciliation.
An application for divorce can be made by you, or by your spouse, or by the two of you jointly.


Prior to making a Divorce Order the Family Court must be satisfied that:


• There are no children of the marriage under the age of 18; or
• If there are such children, that proper arrangements have been made for their care, welfare and development; or
• There are circumstances why the divorce order should be granted even if the Family Court cannot be satisfied that proper arrangements have been made.

A Divorce Order ordinarily takes effect automatically 1 month and one day after the order is made. At that point your marriage formally ends, and you are free to remarry.

Our Perth divorce lawyers can advise you on the most appropriate and cost-effective way to obtain a Divorce Order and represent you when you make or respond to an application for divorce in the Family Court.

It is important to note that a time limit of 12 months commences from the date upon which the Divorce Order is granted. During that 12-month period, you must formalise any property/financial agreement reached with your former spouse by way an application for consent orders, or in the absence of agreement, commence Family Court proceedings. If you do not do so, you will need leave of the Family Court to commence Family Court proceedings or file an application for consent orders out of time.

De-facto Separation

A de facto relationship is a relationship between two people, of the same or opposite sex, who are not married or related, but who live together on a genuine domestic basis. Under Australian family law, de facto couples are entitled to the same rights and entitlements as married couples when a relationship breaks down.

Following a de facto separation, former partners may face disputes relating to parenting arrangements, property settlement, and financial support. Reaching agreement can be challenging, particularly during an emotionally difficult time. Read more about property settlement and maintenance.

Where there is a child of the relationship, the Family Court has jurisdiction to make parenting orders in the same way it does for married couples. Read more about parenting arrangements.

Upon the breakdown of a de facto relationship, the Family Court may also have the jurisdiction to alter the parties’ property and financial interests. In most cases, this is straightforward where both parties agree that they were in a de facto relationship. However, in some situations, it may be necessary to prove that a de facto relationship exits before the Court can make any property or financial orders.

It is important to note that a time limit of 2 years commences from the date of final separation to formalise any property/financial agreement reached with your former partner by way an application for consent orders, or in the absence of agreement, commence Family Court proceedings. If you do not do so, you will need leave of the Family Court to commence Family Court proceedings or file an application for consent orders out of time.

Our Perth family lawyers provide clear, practical advice and tailored legal support throughout de facto separations, including any parenting, property, or financial disputes that may arise.

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