In times of separation, it's easy to become overwhelmed by the emotional stress and overlook what's required to properly apply for a divorce. In this slideshow the experienced Perth divorce lawyers at Havilah Legal outline what you need to know.

1. How to Apply for a Divorce
Everything You Will Need
Presented by Perth’s experienced Family Lawyers - Havilah Legal

2. The Basics to
Applying for a
Divorce
Divorce in Australia is governed by
the Family Law Act 1975, and an
application for a divorce under the
Act is made to the Family Court.
The court will only consider an
application for divorce if one of the
parties has a connection with
Australia through residence, birth or
citizenship.
Understanding Australian Divorce Law

3. The Basics to
Applying for a
Divorce
Understanding Australian Divorce Law
The husband and wife can apply
together for a divorce in a joint
application, or one of the parties can
apply alone.
This is known as a sole application.

4. No- Fault Divorce
The Family Law Act established the
principle of no-fault divorce in
Australian law. This means that a
court does not consider why the
marriage ended.
There is only one ground for divorce -
that the marriage has broken down
irretrievably and the parties are
unlikely to get back together or
reconcile.

5. What Proof of
Separation is
Needed?
In a no-fault divorce, there is no need
to prove that one party is at fault.
However, the Family Court does need
proof that the parties have separated
and have lived apart for a continuous
period of at least 12 months
immediately before the application
for divorce is filed, and that they will
not be reconciled.

6. What Proof of
Separation is
Needed?
Continued
Even if the parties are living in the
same house but live separate lives
under the same roof, they can still
apply for a divorce and meet the
requirements for the 12 month
separation.

7. What Proof of
Separation is
Needed?
They will, however, need to prove
that they have in fact separated.
This can be done by making a sworn
statement, known as an affidavit, to
the effect that the parties are indeed
separated even though they may live
under the same roof. This will need
to be verified by an independent
person swearing a second affidavit to
that effect.
Continued

8. What Proof of
Separation is
Needed?
Continued
Such an affidavit would contain
information that, by way of example,
the couple:
● Sleep in separate bedrooms
● Have ceased sexual activity
● Hold separate bank accounts
● Act in such a way that people
they know (friends and family)
can see that they are separated
● They don’t go out or attend
social functions together.

9. Short Marriages
If the marriage is less than two years
it is called a “short marriage”.
The two year period is calculated
from the date of the marriage to the
date of the divorce application to the
Family Court.

10. Short Marriages
Continued
Before they can apply for a divorce,
parties to a short marriage are
required to attend formal professional
counselling to determine if there is
any chance of reconciliation.
The counsellor must issue a
certificate which has to be lodged
with the application for the divorce
before the Family Court will grant a
divorce to parties to a short marriage.

11. Opposing an
Application for
Divorce
If the couple have been separated for
more than 12 months, there are few
opportunities to oppose a divorce
application.
However it can be opposed if a party
alleges that there has not been 12
months separation as alleged in the
application, or the court does not
have the right to consider the
application, e.g. if neither of the
parties has any connection with
Australia.

12. Do The Couple
Have to Attend
Court?
If there is no child of the marriage
under 18 or if the parties have made a
joint application for divorce, they
are not required to attend the court
hearing.
However if a party has made a sole
application and there is a child of the
marriage under 18, the applicant is
required to attend the court hearing
unless circumstances prevent them
from attending, in which case, other
arrangements need to be made with
the court.

13. Do The Couple
Have to Attend
Court?
In all cases however if there are
children under 18, the court needs to
be satisfied that appropriate
arrangements have been made for
them (see below). The divorce order
takes effect one month and one day
after the divorce is granted by the
court.

14. Children, Property
and Maintenance
The granting of a divorce does
not decide issues relating to property
and maintenance or parenting
arrangements for children of the
marriage.
However the court needs to be
satisfied that appropriate
arrangements have been made for
children under 18.

15. Children, Property
and Maintenance
Continued
Generally it is sufficient to advise the
court of current arrangements and
what is proposed for the future,
whether by negotiating an
arrangement or seeking an order from
the court if the couple cannot agree.

16. Children, Property
and Maintenance
Continued
If the parties want to make
arrangements about property and
maintenance, they can make an
agreement and file it with the court,
or seek orders from a court if they
cannot reach agreement.
This should be done within 12
months of the divorce.

17. Want to Find Out More?
For more information visit federalcircuitcourt.gov.au or contact our experienced Perth
divorce lawyers today.
Presented by Perth’s experienced Family Lawyers - Havilah Legal