When Can I get divorced?

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When Can I get divorced?

You can apply for a divorce one year after the date of final separation. This date of final separation is to be agreed between the two of you, or you shall have to provide evidence as to when the date occurred if your ex-partner is contending it was a different date and less than a year ago.

You can file the application jointly, with your ex-partner also signing it, or as a sole application, in which case they will just be given the opportunity to object to the application.

Other Considerations

If any of the following apply to you there may be additional requirements to be filed with the Court.

  • The marriage ended after less than two (2) years; or
  • You were married in another country and your marriage certificate is in another language; or
  • After your date of final separation, you both continued to live under the same roof; or
  • After your date of final separation, you recommenced the relationship or there was a reconciliation of some sort; or
  • You don’t know where your ex-partner is located or how to contact them or you are restrained from talking to them; or
  • There are children under the age of 18 years of age.

You should explain the scenario and dates and ask your lawyer for advice.

When Is the Divorce legally effective if granted?

The divorce order is effected 1 month and 1 day after the hearing if it is granted.

This means, if you are already in a new relationship, or even engaged to a new person, you cannot be legally married again until after this time.

Other Considerations

Once you have been divorced, this sets time limitations on commencing proceedings at Family Court for the division of the marital property. You must apply to the Court for property orders within 12 months.

Pursuant to Section 14A of the Wills Act 1970, once the divorce order becomes final, your current Will become invalid, unless your will has been drafted specifically in contemplation of your divorce.

You may also wish to review any beneficiaries of your life insurances or superannuation insurance or nominated death benefit nominess.

How Can we help?

We can assist you in preparing the requisite documents for the divorce application, organise the service of documents, follow up and monitor as necessary, and represent you at the divorce hearing at the Family Court of Western Australia

Following the divorce proceedings, we will contact you with the divorce order once published by the Court. If you require parenting or property orders, we are also able to assist you with commencing your pre-action procedures and applying to the Court for orders. We can also you refer you to our Wills and Estates team if required.

If you have any questions regarding this article or wish to make an appointment, please do not hesitate to contact our family law solicitor Elisha Rayner on (08) 9488 1300.