Divorce & Separation
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DIVORCE AND SEPARATION HELP IN PERTH

DIVORCE AND SEPARATION

Biddulph & Turley has specialist divorce lawyers to assist people through the difficulties associated with the breakdown of relationships and issues in relation to marriage breakdown and divorce.

SOME OF THE MOST ASKED QUESTIONS:

  • How much will a divorce cost?

    The fees will vary depending upon your circumstances. However they will start from approx. $825 plus the filing fee for the Application. Please contact us to obtain a personal quote to your circumstance.

  • How long will it take?

    It will take at least 4 months to obtain a final Divorce Order (formally known as a Divorce Certificate), longer if there are difficulties in serving your spouse. You shouldn’t plan a remarriage without allowing enough time for the divorce to be finalised.

  • How long must I be separated before I can apply for a divorce?

    You can only apply for divorce in Australia after you have been separated for a period of at least twelve months. If you have been separated, but reconciled for 3 months or more, then the 12 months period starts after the reconciliation.

  • What happens if I have not been married for more than two years?

    If you have been married less than 2 years and want to apply for a divorce you must:

    Before filing the Application attend mediation with a court approved family and child mediator to discuss the possibility of reconciliation and then file a certificate completed by the counsellor with your Application. You must attend this mediation session with your spouse or file an Affidavit setting out the reasons why counselling cannot take place.

    You may file an application seeking the Court’s permission to proceed within 2 years of the marriage. There are special circumstances in which this may be done.

  • What happens if my spouse wants to oppose the divorce?

    Your spouse must file a Response to your application and then serve the Response on you, or on your lawyer, before the hearing date. If a Response is filed by your spouse, your spouse must attend Court or have legal representation at the hearing. If a Response is filed, the Court might not grant the divorce application at the first hearing.

  • What happens if my spouse and I still live together?

    It is possible to prove separation even if you still live in the same house as long as the three elements of separation are present. The action of separating must involve an open and complete break from the marital relationship and may include:

    • the ceasing of sexual activity
    • living in separate rooms
    • operating separate bank accounts
    • not sharing meals
    • not providing household services
    • not sharing mutual entertainment inside or outside the home
    • not representing to relatives, neighbours or friends that the marriage is continuing

    If the parties contend that they have separated even though they still live under the one roof they will have to give the court evidence of this.

  • What happens if there are children of the marriage?

    Where there are children of the relationship under the age of 18 the court might not grant a divorce unless proper arrangements have been made for their care and welfare and those arrangements have to be explained to the Court. We will advise you about this.

  • What about arrangements for children, maintenance, or property?

    The granting of a divorce does not determine issues of children, maintenance or property. These are separate issues which we may assist you with prior, during or after your divorce is granted.

    Please note that you must file an application for maintenance or application for property division within 12 months of your divorce becoming final.

  • What about arrangements for children, maintenance, or property?

    The granting of a divorce does not determine issues of children, maintenance or property. These are separate issues which we may assist you with prior, during or after your divorce is granted.

    Please note that you must file an application for maintenance or application for property division within 12 months of your divorce becoming final.

  • Are children of a prior relationship considered children of the marriage?

    All children that were treated as a family member immediately prior to separation are included as children of the marriage. This includes step children and foster children. The arrangements for all children have to be disclosed.

  • Do I have to be divorced to finalise parenting and/or property arrangements?

    No, you can make arrangements about property and parenting issues at any stage. If you want to apply to the Court for orders in relation to property, however, you need to do this at the latest within 12 months of your divorce becoming final. If you have just separated from your partner, or even if you are only thinking about separation, you may wish to speak to an experienced family lawyer now to find out more about your rights and obligations in relation to property and parenting matters.

  • Can I revert back to my maiden name after the divorce?

    You can use your maiden name even before your divorce if you want.

  • Can I change my childrens' surnames?

    Changing your children’s names is more complex; Biddulph & Turley can advise you about that if you wish.

  • Does a divorce affect my will or superannuation?

    Almost certainly it does, as any gift in a Will to a spouse becomes invalid on divorce. You should seek our advice about a new Will and nomination of a beneficiary for your superannuation and life insurance.


    In Western Australia, a divorce may be obtained is obtained the Family Court of Australia. Further Australian divorce advice is also available online from the Family Court website.

DIVORCE & SEPARATION

At Biddulph & Turley, we recognise that a separation or divorce is often a very emotionally and psychologically challenging time in a person’s life. Just getting through every day can pose difficulties for many people.

Couples still on amicable terms can sometimes manage separation with very little or no involvement from divorce lawyers and come to an understanding.

Others often avoid contacting a lawyer at all as they just don’t know where to start or they fear exorbitant legal costs that they perhaps feel unable to afford, our team are always available to discuss this with you as an initial free consult.

Our teams priority is and always will been the support and personal guidance of our clients. That is what has helped our firm consistently achieve successful outcomes. Whatever position you find yourself in, it is important to know the facts that apply to all couples going through divorce and separation. Knowing this information makes sure the marriage, separation and divorce process is official. Our team at Biddulph & Turley Perth have extensive experience in this area and can help, we have offices in Applecross and Cockburn.

A Divorce is a separate legal process from dealing with the division of financial assets, spousal maintenance, child care arrangements or access and so on.
In its basic form, divorce is a two-step process:

Step 1: Separate. A couple must have been separated for 12 months before one or both parties can submit a divorce application form. 

A couple may be considered to have separated, even if they live in the same house, so long as they satisfy some requirements (such as separate sleeping arrangements). 
After the divorce application form is submitted, a hearing date is set and, if your application is successful, your divorce order is granted.

Step 2: Discuss settlements, Property, childcare arrangements and spousal or defacto partner maintenance. This may be dealt with by filing an Application for Consent Orders at the Family Court. Alternatively, you can use a Financial Agreement, but this applies only to financial matters (i.e. not children). As there is no Court oversight of Financial Agreements, both parties must receive independent legal advice. 
Consent Orders or a Financial Agreement enables you and your ex to move on with your lives while waiting for the divorce process to be finalised. Step 2 is frequently done prior to divorce as there is no waiting period necessary to finalise financial and children’s arrangements.

If you have been married for less than two years, you will have to attend counselling to discuss the possibility of reconciliation, before you can apply for divorce.

If you need help with Divorce, children’s arrangements or Child Support, surrogacy, Adoption or Asset Distribution in Perth WA, the Family Lawyers at Biddulph & Turley Legal are ready to put our skills and reputation to work for you.

Please call Biddulph & Turley on 08 9398 5533 to help get you started and onto the right track.

Find Out More

Want further advice on Divorce & Separation? Don’t hesitate to contact us, either by calling or completing an enquiry form.
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