Family Law: DIVORCE & SEPARATION

Relationship breakdown is an extremely trying time for all involved. Our experienced separation and divorce lawyers in Perth will support you through the legal complexities so that you can move on with confidence.

After the heavy decision to part ways, you may be left uncertain of your next step. Importantly, the process of obtaining a divorce or de facto separation is distinct from dealing with property settlement, financial agreement, and child custody matters.

Our Perth family lawyers provide personalised, practical and prompt support with applications for divorce in WA, along with whatever legal procedures follow. Having helped clients navigate all facets of separation and divorce for decades, we will work closely with you to safeguard your family’s best interests. Secure a fair, efficient and cost-effective resolution with Affinitas Legal.

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Divorce applications

Ready to apply for divorce in WA? We can guide you through the entire process, assisting with the preparation and submission of your divorce application. Whether you’re filing on your own or jointly, our solicitors will ensure all paperwork is complete and accurate.

Child & parenting matters

Framing your child’s future care and living arrangements is often the most crucial step after separation. Formalise child custody and parenting agreements that prevent conflict and prioritise your little one’s best interests. Our divorce lawyers in Perth can also help you navigate legal disputes, avoiding court where possible and acting urgently when required.

Child support

Child support is typically managed through an administrative assessment by Services Australia, but many parents opt to create their own arrangements, either informally or through a formal agreement. With the right legal advice and support, you can ensure the best possible outcome for your child’s financial security.

Property settlement

After a marriage or de facto relationship ends, strategic asset division is key to securing your financial future. Our Perth divorce lawyers will guide you through this process, offering practical legal advice, negotiating on your behalf, drafting documents and facilitating a fair property settlement.

Mediation

Mediation offers you and your former partner the chance to work together to resolve your issues and find common ground, all with the assistance of a neutral mediator in a safe environment. Our lawyers can help you understand your rights, keep communication constructive, and reach a solution that works for you.

Court representation

Depending on your situation, attending a divorce hearing may be necessary. When litigation is unavoidable, our team provides steadfast and strategic representation in court. We handle a wide range of family law matters, including the most complex parenting and property disputes.

Spousal maintenance

In some cases, one former spouse or de facto partner needs to provide financial support to the other. This spousal maintenance may come into play if there’s a legitimate need for assistance and the other party can reasonably afford it. The amount and terms are influenced by a variety of factors to ensure a fair arrangement.

claim spousal maintenance

Before filing for divorce in WA, you must meet the following criteria:

  1. That the Family Law Court Perth has jurisdiction to deal with the divorce.
  2. That proper service of the divorce has been affected on the non-applying spouse.
  3. That there is a valid legal marriage between the parties.
  4. That the marriage has broken down irretrievably.
  5. That the identity of the children of the marriage who are under 18 years of age must be established, the Family Law Court Perth must be satisfied with the current arrangements for their care and their proposed future arrangements.
  6. That the parties have separated, and thereafter lived separately, and apart for at least 12 months.’

If you are eligible to submit an application for divorce in WA, our affordable lawyers can provide you with invaluable legal advice, as well as upfront fixed-fee Family Law Court costs.

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Trusted legal support for your separation or divorce in Perth

Divorce and separation can feel overwhelming, but you don’t have to face it alone. With an experienced legal team on your side, you can ease the emotional strain and legal confusion.

Our compassionate divorce lawyers in Perth are committed to resolving your case swiftly, properly, and with as little stress as possible. From divorce applications and asset division to parenting orders and child custody, we take care of all Family Law matters so that you can focus on rebuilding your future.

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Meet your divorce lawyers in Perth

At Affinitas Legal, we bring a wealth of experience in guiding clients through every stage of the separation and divorce process.

Our Family Law team is here to help you gain a clear understanding of your legal position, ensuring you are equipped to make informed choices that safeguard your family, your future, and your financial well-being.

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Frequently asked questions

What is the difference between separation and divorce?

Both separation and divorce refer to the end of relationships, but they carry different legal meanings. Separation occurs when a marriage-like or domestic relationship ends, while divorce specifically refers to the legal termination of a marriage.

In any case of separation or divorce, it’s crucial to note your date of separation and seek advice about the time limitation periods relevant to your situation. These time limits, which dictate when legal action can be initiated, are taken seriously by courts, so it’s essential to adhere to them.

Do I need to get a divorce?

There is no requirement to legally obtain a divorce in the Family Law Court of Western Australia. However, it is best practice to ensure that you obtain a divorce order and separation agreement to ensure peace of mind that neither party will try to revisit these matters at a later stage.

In some cases, there may also be strategic legal advantages to obtaining a divorce, depending on your specific circumstances.

Where can I obtain a divorce or separation agreement template for parenting matters?

There is no official template for parenting agreements after divorce or separation. That said, the Family Law Court in Perth has a number of resources available online for parents to utilise here, including the Application for Consent Orders (Form 11), Initiating Application (Form 1) and Case Information Affidavit form.

We would always recommend that you obtain advice from our Family Divorce Lawyers in Perth to ensure that the appropriate protective mechanisms are put in place.

Where can I obtain a divorce separation agreement sample for property matters?

The Family Law Court in Perth has several online resources available for parties to utilise when reaching an agreement about their property matters. These include an Application for Consent Order template and a Minute of Consent Orders template, both of which can be found on their website.

We would always recommend that you obtain advice from our Family Divorce Lawyers in Perth to ensure that the appropriate protective mechanisms are put in place.

Can a separation agreement be changed after my divorce?

In limited circumstances, a separation agreement can be set aside or changed, such as where the agreement does not comply with statutory requirements. This is an area of law that needs to be approached with great caution, and we would recommend you obtain advice from our Divorce Lawyers Perth before taking any action.

How will divorce impact my Will?

Since February 2008, marriage and divorce invalidates an existing will. We highly recommend that you prepare a new Will in circumstances where you have recently divorced or married.

It is also possible to prepare a Will, in contemplation of Divorce, however the wording in the Will is extremely important, and we recommend you obtain the service of our Family Divorce Lawyers Perth to ensure that this is done correctly.

Can I submit my Application for Divorce online?

Yes. Most Family Law Court Perth Applications can now be filed online using the eCourts portal in Western Australia and Commonwealth Courts Portal in other jurisdictions.

Can I get a divorce without a separation agreement?

In the Australian jurisdiction, it is possible to file for divorce without a separation agreement. You do not need a property settlement agreement after divorce, as this can be done before or after obtaining a divorce.

When can I apply for a divorce?

You must have been separated from your spouse for at least one year before you can apply for your divorce. It is possible to be separated but remain living under the same roof for a period of time. If you separated from your spouse but remained living together, the Family Law Court Perth needs to be satisfied that the separation occurred at the date stipulated and that you had in fact separated. This will often require additional documentation provided to the Family Law Court.

It is important to note that in an application for divorce where the parties were married for less than 2 years, additional requirements need to be met. In some circumstances, you may be required to attend the Family Law Court Perth hearing with respect to your divorce.

Do I need to attend the Family Law Court Perth for my divorce?

If there is no child of the marriage currently under 18, you are not required to attend the hearing -this applies for both sole and joint applications.

If you make a joint application and there is a child of the marriage currently under 18, neither you nor your spouse are required to attend the hearing. If you make a sole application and there is a child of the marriage currently under 18, you must attend the hearing.

What is a divorce separation agreement?

This is an agreement that complies with Family Law Court legislation and is more commonly known in the Family Court Perth as either Consent Orders, or a Binding Financial Agreement.

Can I apply to the Court after divorce for a property settlement?

Yes, it is possible to finalise a property settlement after divorce however, the Family Law Court Perth places a 12-month time limitation period for parties to bring an application after a Divorce Order is made.

However, there are exceptions to this time limitation period. We recommend that you obtain tailored legal advice from our affordable Divorce Lawyers in Perth.

How do I formalise post-separation parenting arrangements in family matters?

It is possible to formalise a parenting arrangement or parenting plan by filing consent orders in the Family Law Court Perth.

Can the Family Law Court in Perth finalise my divorce whilst I am overseas?

Yes. For the Court to have jurisdiction to grant a divorce in Perth, either party to the marriage, at the date on which the application was filed at the Court, must be able to demonstrate a connection with Australia.

Am I required to serve divorce documents on my spouse?

Yes, in sole applications you will need to provide the Court with an affidavit of service of the person that served the documents on the other spouse, and an affidavit of proof of the other spouse’s signature or identity.

If you are having difficulty serving your spouse with the divorce application, due to their location, work arrangements, or avoidance of service, we recommend you contact our divorce and separation lawyers in Perth in order to provide you with further legal advice.

How much does a divorce lawyer in Perth cost?

The cost of a divorce lawyer in Perth depends on the complexity of your case and the legal support you require. For a fixed-fee estimate, book a consultation with our friendly team today.

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Our Family Law team can help you fully understand your legal situation surrounding separation and divorce in WA. We will equip you with the advice and support to protect your best interests, whatever the future brings.

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