(08) 6467 7179 office@rattigan.com.au

Divorce Lawyers Perth

Irretrievable breakdown of marriage is the only legal reason for divorce in Australia. The Court is not interested in reasons; all you need to show is that you have lived apart for at least a year (separation) before filing for divorce.

As the process of divorce can be a complex and confusing time for many individuals, it’s important to align with an experienced divorce, separation or child custody lawyer to help you through the process. Visit the Perth team of divorce lawyers at Rattigan & Associates to find out everything you need to know following the breakdown of a marriage. 

If you’ve separated and are wanting to file for a divorce, the requirements for obtaining a divorce in Australia are as follows:

  • Marriage – You must first satisfy the Court that you have a valid marriage.
    A marriage certificate, with a sworn translation into English, if necessary, will suffice. If you do not have a copy of a marriage certificate or require translation, we can arrange that for you. If no marriage certificate is available, the Court may require you to give some alternate evidence of the marriage prior to granting a divorce
  • Jurisdiction – The Court only has power to grant a divorce if either party has one of the following attributes:
    • Regards Australia as home
    • Intends to live in Australia indefinitely
    • Has lived his or her whole life in Australia
    • Is an Australian citizen; or
    • Ordinarily lives in Australia and has lived in Australia for the 12 months prior to the making of the application for divorce.

What is Considered ′Separation′ in Divorce Law

Before you can file for a divorce, the Court must be satisfied that the relationship has broken down irretrievably. A period of separation of 12 months immediately before filing the application satisfies the Court of this fact.

However, separation can be complicated – for example, it is possible to ‘live apart’ under the roof of the same house. A couple may be separated and still live together provided they satisfy the Court that they are not living as husband and wife.

If a couple reconcile during the period of separation, the separation period does not have to start again provided any reconciliation or reconciliations do not total more than three months – those three months do not count as part of the period of 12 months of separation.

At Rattigan & Associates, our team of experienced divorce and separation Lawyers in Perth will make sure you have the right evidence of separation and meet all the requirements necessary before filing for divorce.

Wondering, ‘How Long Should I Wait Before Contacting A Divorce Lawyer’?

If you’ve separated and are wondering, ‘how long should I wait before contacting a lawyer?’ The simple answer is – don’t wait. At Rattigan & Associates, we recommend seeking legal advice or assistance from a divorce lawyer as soon as possible, regardless of your situation. From experience, we believe it’s important to seek legal advice straight after coming to the decision to separate from your partner as you will be in the right frame of mind to have those conversations about your current situation, before having any negotiations or conversations with your partner. Taking this initial advice back to your partner, amicably, may assist with all parties knowing exactly where they stand and what the future process will look like. 

Separation, Divorce and How It Affects A Family

Filing for a divorce with children involved can be a stressful and confusing time for everyone in the family. If you have children and are wanting to file for a divorce, appropriate arrangements for any children must be in place before the Court will grant a divorce in Australia. Those arrangements do not have to be formal, but at the time of the divorce hearing the Court must be satisfied that the children are being appropriately cared and provided for.

Divorce and Separation Settlement

Our divorce and separation lawyers can provide valuable assistance in determining how income, financial resources and debts can be divided between you and your former spouse.  These decisions are important not only after divorce, but also if you are considering separation or are already separated. 

This time in your life can be stressful.  Complex decisions and short-term arrangements often have long-term consequences. Rattigan & Associates can help you to reach the best possible outcome for you and your family. 

Contact Us for A Free 10-Minute Consultation

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As Perth’s leading professional divorce and separation lawyers, we are dedicated to delivering sound legal advice and offer private consultations face-to-face or via telephone, MS Teams or Zoom 

For a free initial 10-minute telephone consultation to find out how Rattigan & Associates can assist you, please contact us on (08) 6467 7179.

Divorce Lawyers FAQ

1. What is a separation?

When a relationship ends, this is considered the separation date. There may be other factors which may change the date which you will need to seek advice on from a divorce lawyer. 

2. Can we continue to live together once separated?

Yes, parties can remain living together once separated, as in some cases it is not always the position of one or another party to move out of the former home which they shared during the relationship. Parties can live together but not has husband and wife after separation, however in Divorce proceedings it may require further affidavits to be filed with a Divorce application setting out the circumstances as to why they remained living together and what their relationship was with each other during that time.

3. Do I really need a divorce lawyer?

It is recommended that you seek legal advice from a divorce or separation lawyer prior to making an application for Divorce. This ensures that once divorce is granted it does not affect any future property settlement or Court proceedings.  Individuals or couples are able to make application to the Court on their own without legal representation if they wish to do so.

4. Do I really need a divorce?

(No unless you want to get remarried) If you are planning on getting married, you must not already be married to someone else.  If you are already married, you will need to apply for a divorce and you cannot enter into a new marriage until the decree is absolute. If you are not divorced, it may affect you in respect to the death of your spouse.

5. I have just been served with court documents, what do I do?

Firstly, you should not ignore any court documents which have been served on you. You should note the date of any Court hearing which will be shown on the documents you have received and if you are unsure what you need to do to reply to the court documents or whether or not you need to attend the Court, you should seek legal advice from a lawyer.

6. Do all divorce matters go to court?

All Divorce applications are dealt with in the Court, however not all hearings need the parties to attend in person for the Divorce to be granted.

8. Does divorce affect my super?

Divorce does not directly affect your super, however it may be that you have a nomination to your former spouse which you no longer wish to have.

Can you help provide the best outcome for my family?

Our team of divorce lawyers will seek to provide valuable assistance in determining how income, financial resources and debts can be divided between you and your former spouse. These decisions are important not only after divorce, but also if you are considering separation or are already separated. 

This time in your life can be stressful.  Complex decisions and short-term arrangements often have long-term consequences. Rattigan & Associates can help you to reach the best possible outcome for you and your family. 

Get in touch with us on (08) 6467 7179. 

Contact

Phone: (08) 6467 7179

Email: office@rattigan.com.au

Address: 
Suite 3W, Plaza 817 Beeliar Drive, Cockburn Central

PO Box 3819 SUCCESS WA 6964

Have questions? Get in touch with our team today!