Divorce Lawyer Perth
Our specialist family and divorce lawyers at Friedman Lurie Singh & D’Angelo are dedicated and passionate about helping every client through what is often one of the most challenging times of their lives.
We are genuinely sensitive to the fact that every family law matter is unique and only qualified, specialist, lawyers (no paralegals!) provide you with caring, efficient and personalized assistance and representation. Throughout the progress of your matter, we’ll ensure you are fully informed about each step and that you receive the very best legal representation designed to cost-effectively and speedily deal with your matter.
Some reasons you may need assistance from a Friedman Lurie Singh & D’Angelo family lawyer include:
- If you’re applying for a divorce. If you do require professional help with an Application for Divorce chances are that you will require help in other areas such as child support and property settlement. Our divorce lawyers can help.
- Issues surrounding children. These may include arrangements in maintenance, custody, support, adoption matters, surrogacy, and disputes.
- Property Settlements and Financial Settlements for married couples, defacto separation, and same sex defacto couples.
There are many more matters that you may need to consult our family lawyers. See below for a full list.
Our highly experienced, specialist family law lawyers will meet with you, listen to your concerns and discuss your options so as to identify what is the most efficient way of tackling your matter, whether it be by agreement or by legal proceedings in the Family Court of Western Australia.
Court proceedings may not be necessary. We will try our very best to resolve your matter without going to Court. Our team is trained to negotiate on your behalf to try to reach agreement with the other party, which results in saved costs and reduces stress. Where agreement cannot be reached, we will fight for your rights to ensure that you get what is rightfully yours.
What is a divorce?
A divorce is the formal ending of a marriage declared by the Court.
How to apply for a divorce
By filing a Form 3 Application for Divorce at Court. Twelve months after separation either or both partner may apply for divorce. When the Family Court grants a divorce the Court calls it a Decree Nisi for Dissolution of Marriage. The Decree Nisi becomes “absolute” one month after it is made. If the divorcing couple have children under 18 years they will also need to satisfy the Court there are proper arrangements for the children.
It is possible for a couple to reach agreement in relation to most issues which arise from separation. Where an agreement is reached it is advisable that their agreement is formalised by obtaining “consent orders” of the Family Court of Western Australia. An informal agreement does not have any binding effect.
Making the Agreement Formal
An agreement regarding children’s issues and/or property can be dealt with in a “parenting plan” which can be formalised by a Form 11 Application to the Family Court which asks the Court to seal the agreement. The agreement can also be filed with the Court as a “Minute of Consent Orders”. The Court can then make the agreement Orders of the Court, which are enforceable.
Does a Lawyer Have to Draft a Family Court Agreement?
There is no formal requirement that a lawyer must prepare a Family Court agreement. When people are deciding whether they should ask a lawyer to help we ask them to keep in mind just how important the agreement is – it may be ending their financial relationship or setting down arrangements for where their children will live. It is very important the agreement reflects what the separated couple intends and that all important issues are covered. Having someone with family law knowledge ensures that it includes all important issues and is effective.
Where there is no agreement
Separated couples are not always able to reach agreement on all of the issues that may arise. In this case either party can ask the Family Court to make a decision about the issues in dispute.
What is required to get a divorce
The parties to be separated and one party is resident in Australia (ie regards Australia as home or intends to live indefinitely in Australia or are an Australian citizen by birth, descent or grant of citizenship and lived in Australia for 12 months immediately before filing for divorce) and arrangements have been made for children of the marriage.
Divorces when children are involved
Arrangements for the day-to-day care must be in place before an Order is granted. Child support refers to contributions made by the parent who does not live with the children to the parent who has residential care of the children. Child support can be dealt with in three ways: 1. by application to the Child Support Agency for a child support assessment; 2. by registering a private agreement with the Child Support Agency; 3. an informal child support arrangement.
Each of the three options has its own advantages and disadvantages and should be discussed with us.
Things you need to be aware of prior to getting divorced
Australia has a no-fault divorce system. That is the Court does not consider the reason(s) for the breakdown of the marriage and the parties must be separated for one year prior to applying for the divorce.
Living together after you are separated
The parties can live under the same roof after separation however the relationship must not be conducted as that of a married couple, for example the continuation of sexual relations or shared financial commitments to the residence cannot continue.
Getting a divorce if you have been married for a period of less than two years
You will need to request special permission from the Court or file a counselling certificate certifying an attempted reconciliation with the assistance of a Counsellor by the parties.
Separation and divorce law
Separation refers to the time when a couple end their relationship and stop living together as a married couple. Divorce, or dissolution of marriage, refers to the Court process of formally recognising that a couple are no longer married.
Many issues can arise on separation including:
- where the children of the relationship will live (“residency”)
- the long and short term care, welfare and development of the children (“specific issues”)
- arrangements for the children to have contact with the parent they are not living with (“contact”);
- child support
- how the property of the relationship is to be divided (division of property or “property settlements”)
- spousal maintenance.
Are you preparing a divorce application?
Complete a Form 3 Application for Divorce which must be filed at Court along with the marriage certificate, an affidavit if separated but living under one roof, including an independent witness affidavit.
At what point does a divorce order take effect?
In most cases, the divorce order takes effect one month and one day after the order is made by the court.
Property and maintenance claims – the basics
Spousal Maintenance is considered a property (or financial) issue and Property Issues are not considered in Divorce Proceedings.
Can non Australian citizens get a divorce?
Yes – provided you meet one of the requirements – The parties to be separated and one party is resident in Australia (ie regards Australia as home or intends to live indefinitely in Australia or are an Australian citizen by birth, descent or grant of citizenship and lived in Australia for 12 months immediately before filing for divorce) and arrangements have been made for children of the marriage.
Proving marriage in the court
A marriage certificate or similar instrument recording the marriage and a translation thereof if not in English.
How long does a divorce take to take effect?
Is it possible for the court to rescind a divorce order?
The Court may rescind a divorce order before it becomes final if the parties get back together. A joint Application in a Case would need to be filed seeking the rescission.
Can you oppose a divorce application
Yes. You can oppose the Divorce by filing a Response (Form 3A) but only on grounds of jurisdiction or insufficient separation time, which must be served within 28 days of receipt of Application.
Are Wills affected by divorce?
Since February 2008 Marriage and Divorce invalidates an existing will. When a person separates they will need to consider whether their existing Will still reflects how they would like their estate to be distributed. A de facto partner now has the right to claim a share in their partner’s estate if their partner dies without a Will.
Binding financial agreements
When a person separates they will need to consider whether their existing Will still reflects how they would like their estate to be distributed. A de facto partner now has the right to claim a share in their partner’s estate if their partner dies without a Will.
What is the cost of getting a divorce?
$930.00 (Reduced Fee $310.00)
Can the court nullify my marriage?
Content coming soon
What is the cost to nullify a marriage?
The usual solicitors fees for making an Application to the Family Court of WA plus the usual Court fee of $360.00. The Court can grant a decree of nullity for reasons including one or both of the parties were already married at the time, were underage and did not have the necessary approvals, one or both of the parties were force into the marriage under duress, or the parties were closely related to each other.