What Are the Legal Steps to Get Divorced in Perth?

Divorce is a life-altering step to take. Complex laws in a place like Perth make it even more challenging to navigate. But it becomes a cakewalk once you get familiar with the legal framework. Seeking professional help is often wise during such a time. Hiring divorce lawyers in Perth can assist you in handling the situation easily.

Today, we will inform you of some of the crucial things you should do if you want to divorce your partner.

1. Ensure That You Meet the Eligibility Criteria Before Applying

To get divorced in Perth, you will be required to fulfil some requirements: you would have to have been separated for more than 12 months and establish that the marriage has irretrievably broken down. All this is permissible by law in Australia, even if you share the same roof. In cases where there are children below the age of 18 years involved, evidence of proper arrangements for their care and well-being is necessary. Hiring expert family lawyers in Perth is highly recommended.

2. Choose Whether a Sole or Joint Application for Divorce

You can submit an application for divorce in Perth alone (sole application) or with your spouse (joint application). A sole application requires you to serve divorce papers to your spouse, whereas a joint application is less agonising and convenient. Family lawyers Perth will typically assist the client in determining whether and when one of the two options is right for their specific situation and objectives.

3. Ensure You Have All the Documents You Need Before Making an Application

Perth divorce petitioning involves the preparation of documents. You’ll need your certificate of marriage, evidence of separation, and background information in case you’ve been cohabiting but separated. You will also need to give the right information regarding any children. With the help of Perth divorce lawyers, you can get and prepare the right documents so that there is no inconvenience or delay.

4. Know Where and How You Should File Your Application

Your application is lodged through the Federal Circuit and Family Court of Australia. The whole process is done online via the Commonwealth Courts Portal. Once submitted, the court will assign a hearing date. If you’ve filed a joint application, your attendance may not be required. But if you petitioned for sole, and your children are under the age of 18, then you should go to the hearing. Hiring family lawyers Perth WA streamlines the whole process of court hearings, and they also know what can happen during the trial.

5. Serve Divorce Papers Properly If You Petitioned for Sole

If you’ve chosen to file a sole application, you’re legally required to serve a copy of the application on your spouse. This can’t be done by you personally; it must be served by post or through a process server. You will then be required to file proof of service so that you can submit proof to the court that your spouse was served with the papers. In case the other party does not want to accept service, divorce lawyers Perth, WA, can help obtain substituted service or dispensation of service.

6. Appear at Court Hearings if Necessary

Not all divorce needs to be done in court, but if it must be done, especially where there are children, you must go and provide guarantees that proper arrangements have been made for the children.

This is not about parents’ orders or property division; the court is simply safeguarding the interests of the child. The best family lawyers Perth assist the clients in explaining their cases in a clear and respectful way, which is the top priority while attending the hearings of the family court.

7. Obtain the Divorce Order and Know What It Is

Once the court settles your divorce, you will receive a divorce order one month and one day from the hearing date.

Your divorce takes effect here, technically making you single. Keep in mind that the issues of money and property are, of course, not resolved when divorce is legally granted; you have 12 months from the date when your divorce is finalised on which to make applications for such. Having the best divorce lawyer in Perth on your side means that you are not going to waste your precious time.

8. Know That Divorce Does Not Cover Property or Parenting Issues

Divorce is just one part of the legal process. You’ll still need to sort out parenting arrangements, property division, and financial settlements separately. This can be done either by agreement or court order. If agreements are reached, they should be formalised by consent orders to make them legally binding. Many turn to affordable family lawyers to guide them through negotiations without breaking the bank.

Final Thoughts

The Perth divorce procedure may initially be intimidating, but it can easily be dealt with once reduced to easy steps. From meeting the requirements and learning how to file for divorce in Perth to serving notices and attending court (should you need to), each process requires attention and experience.

With some good guidance from compassionate and experienced legal professionals, you can deal with the divorce process with confidence. If you are starting out, don’t hesitate to reach out to experienced family lawyers Perth who understand the legal as well as the emotional implications.