Part 1: When can I get a divorce?

In order to have a legally recognised divorce, parties can apply to the Family Court of Western Australia to finalise the end of their marriage that has broken down irretrievably with no possibility of reconciliation. An application for divorce can be made by one party or both parties jointly. One of the requirements to a successful application for divorce is to be separated for a period no less than 12 months.

Separation does not require parties to agree to be separated. One party to the relationship can decide to separate and inform the other of their decision. It is important to consider whether you have met the 12 month requirement where you and the other party continue to live under the same roof after separation, or where you have separated and reconciled for a short period of time.