Spousal maintenance lawyers – 25 years’ experience in spousal maintenance matters.

In Western Australia parties who are or were at some time married to each other come under the Family Law Act 1975 (Cth) whereas parties who were never married come under the Family Court Act 1997 (WA).  Although these Acts are very similar, they are not the same and there are some important differences.   For instance, the time limit for commencing property and/or spousal maintenance proceedings is different.  For married parties this is 12 months from the date an Australian divorce order takes effect and for de facto spouses this is two years from the date of separation.

Separation generally means living apart from each other.  One spouse can initiate this on their own or it can be decided mutually.  If you continue to live in the same house to obtain a divorce order you will also need to file extra evidence to establish that you were separated and from which date.  This is because you need to establish that you have been separated for at least 12 months.  If there is no agreement about the date of separation and the Court needs to decide that date it will take into account a range of factors to determine when you separated.

In Australia you can only apply for a divorce order when you have been separated for at least 12 months.  There are other requirements you must meet.  You will need a copy of your marriage certificate but there may be other documents required (e.g. citizenship certificate) depending on your circumstances.

 Don’t worry.  You don’t need your partner to agree to the divorce order being made.  If other issues arise because you are not able to serve them or even find them, we can help.