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Divorce

Either party to a marriage (or both together) can make a divorce application once they have been separated from their spouse for a period of not less than 12 months.  

The basis of seeking a divorce is that the marriage has broken down irretrievably.

In Western Australia, applications for divorce are brought in the Family Court of Western Australia.  There is a filing fee payable to the Family Court when filing an Application for Divorce.  In most cases, it usually takes about three months for a divorce to be finalised from the time of filing the divorce application.

If there are children, the Family Court must be satisfied that they are being properly cared for, and that the arrangements made for the children are satisfactory.

Once the divorce application is granted by the Family Court, a Divorce Order takes effect.  The Divorce Order becomes final one month after the Family Court makes the Divorce Order – unless there are special circumstances to vary this.

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