How To Apply For Divorce In Perth If It Is Not Mutual?

A divorce is when marriage is officially ended, and after getting the order, if you wish to remarry, you can go for that. If you meet the divorce requirements, you can apply for a divorce. The Australian law states that you need to maintain the principle of no-fault divorce. It indicates that the court will not consider the reason behind the end of the marriage. 

You only need to satisfy the requirements and need to stay separately for at least a year. Additionally, there is no chance that you and your partner will be resuming your married life. For more specified information, the divorce lawyers Perth can guide you. But before you approach them, here are certain things that you essentially need to know: 

  1. Qualify for the divorce application requirements 

Before filling the application form, fulfilling the requirements of the divorce application form is important. Let’s understand the requirements first by communicating with separation lawyers Perth

  • Residency: In Australia, you can apply for a divorce if you and your partner have qualified the residency requirements.
  • Separation: It is a situation when a couple has broken up and is moving ahead to end their marriage. In some cases, a husband and wife stay separately, while some of them are staying together. Before applying for a divorce, you need to stay separately for at least a year. 
  • Applying within 2 years of marriage: If you wish to go ahead with divorce within two years of marriage, you need to have special court permission or a counseling certificate.  
  • Make arrangements for children: In case you have children are below 18 years, make arrangements for them before moving ahead. It’s because you need to prove that you have made arrangements for their daily care, welfare, maintenance. 
  1. Fill the application form.

Once you have accomplished the requirements, the next step is to move to the website of the Commonwealth Courts portal page and click on register. Once you have completed the registering process, and have signed up, continue with the steps mentioned below: 

  • Choose on “Start a new file” and pick the “Family Court of Western Australia”. 
  • In the interactive form, complete the parts from A to F, and a help button is provided in case you need it. 
  • Save each part as you feel in the details and click on the “print preview” application to view and confirm the things. 
  • Now it’s time to upload all the details, and once everything is done, choose “Lock and continue”. 
  1. Preparing the documents 
  • You need to have access to a scanner, printer, a MasterCard, or a visa to prepare your divorce application form. The separation lawyers will tell you what documents need to submit with the application form. 
  • Everyone needs to submit a copy of the marriage certificate, and no need to be certified or original. 
  • Along with that, if you were married in Australia, provide a ceremonial certificate. Or else provide deaths and marriages, birth certificate if married outside Western Australia. 
  • At times, you need to include additional requirements are if you were separated under one roof, or your marriage certificate is in a different language, or you are taking divorce within two years of marriage. 
  1. Get your application printed.

After fulfilling the requirements and filling the application form, print the “Affidavit of eFiling” and your application form. Before a witness, a lawyer, or a Justice of the Peace, you need to swear it. The affidavit contains more details regarding the documents sworn. In case of a joint application, a couple needs to swear the affidavit, scan, and upload in the Commonwealth Courts Portal.

  1. Joint and sole applications 

If you do not find your partner or your partner does not agree with you, choose a sole application. It means you are preparing the file by yourself, and your spouse is a respondent. In the joint application, a couple has agreed to get a divorce and is cooperating in filling the application form. In this situation, you and your spouse are a joint applicant. 

  1. Finalizing the divorce application 

Get everything printed, like the “Marriage, Families and Separation brochure” and tick the check box. Clear the fee, and in situations, you might get a reduction as well. That’s why; go through the exemption page to know about it. For a divorce hearing, select a time and date and print the application. 

Ending Note!

In the entire process, if you need any help at any time, the best divorce lawyers Perth are there at your doorstep. A reputed and certified law firm is experienced in this work and can guide you on what needs to be done. 

They are well aware of all the information and have helped in meeting requirements. They also know how you can get a reduction in the application form, indicating you need to pay less. Once the court has granted the divorce, the husband and wife can go ahead and lead their lives as individuals!

Murtaza Ali

Murtaza Ali is a tech enthusiast and freelance writer with a passion for all things digital. With 5 years of experience in the tech industry, He has a deep understanding of the latest trends, innovations, and best practices. He loves sharing his knowledge and insights with others, and has written extensively on topics such as [Ai, cybersecurity, cloud computing, programming languages, etc. When he's not writing or tinkering with gadgets, he can be found exploring the great outdoors, practicing cricket, or experimenting with new recipes in the kitchen. He believes in the power of technology to improve people's lives and is excited to be part of an industry that is constantly pushing boundaries and breaking new ground.
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