If you have been facing marital issues and you are willing to go forward with a divorce, you will need to get in touch with the best divorce lawyers Perth Australia. They will let you know about the entire process, the things that are necessary and what you will need to do in order to get a mutual divorce.
If there is some issue from the other party and there are allegations or problems related to child custody, the divorce lawyer can help you solve all these issues. With the best legal advice from the top lawyers in Perth, you will be able to annul your marriage, separate from your spouse legally, solve the issue of the child custody and also get the required amount of alimony and child support. However, if you take the decision of getting a divorce with your spouse in Australia, it is important that you understand the complete step by step process of filing for a divorce case in Perth.
What are the things that you need to do in order to file for a divorce?
If you are thinking about getting separated legally from your spouse in Australia, you will have to be separate for at least 12 months. If you fulfil this requirement you can go forward with hiring the top family lawyers Perth Australia. They can help you and guide you throughout the case however these are the few things you need to do:
Fulfil the eligibility criteria
There are some eligibility criteria for a divorce case, so you will first need to cross check that you are fulfilling the eligibility criteria for a divorce case in Australia. The Australian government has established a rule by the Family Law Act of 1975 that the spouses in a marriage do not need to mention or state the reason for their divorce.
It is enough if you state that the marriage has ended and the spouses are not compatible. As mentioned above, you will need to be separated for 12 months at least before you apply for a divorce in Australia.
You also need to be either an Australian citizen or someone living in Australia and regarding the country as their home. Also, if your marriage has not crossed the two year limit, it will be advised to you to partake in counselling lessons along with your spouse. So unless your marriage has been prolonged for more than 2 years, the court will make it mandatory for you to reconsider reconciliation with the help of a marriage therapist before moving forward with a divorce application.
Apply for the divorce
If you fulfil all the criteria for applying for divorce, and you are determined to go forward with a divorce with your spouse, you can apply for a divorce at The Commonwealth Courts Portal. You will be able to download the form and write the details manually also, if you are not comfortable with the digital format. However, in this step you will need to get in touch with separation lawyers Perth who can provide you the best assistance when it comes to getting a divorce with your spouse.
In this step, a lawyer is mandatory in this situation because whilst signing the application for divorce, the application will need to be affirmed by a lawyer, the Justice of Peace, as well as another accepted witness. You will have to send your and your spouse’s photographs, as well as a photocopy of your marriage certificate. You will need to send all other relevant documents and applications that might be necessary for the annulment of your marriage along with the divorce form.
Apply for a mutual divorce
If there is no objection from your spouse and you are also determined to get a divorce, then you can apply for a mutual divorce. This is one of the best forms of divorce because here the time taken for the case resolution is quite less and there is no agreement hassles in the entire process. If you are getting a mutual divorce it is enough that you are the single applicant. It means that it is not necessary for your spouse to apply along with you. However, to prove that the other party has received and served the information regarding the divorce a normal Affidavit of Service can be done. This will prove that the other party agrees to the divorce and the marriage can be dissolved with the consent of both the parties. However, if the other party does not agree they can file for a Response to Divorce.
If you are hiring the best divorce lawyers Perth and you are also going through a mutual divorce, the process will become easy unless you have a child custody, alimony and child support disagreement, as in such circumstances, the divorce case might extend.