The basis of making an application for divorce is that the marriage has broken down irreversibly.
Either party to a marriage, or both parties together, can make an application for divorce once they have been separated from their spouse for a period of not less than 12 months.
In Western Australia, divorce applications are brought in the Family Court of Western Australia. There is a filing fee payable to the Court when filing the application. In most cases, it usually takes about three months for a divorce to be finalized from the time of filing the initial application.
If the parties to the marriage have children, the Court must be satisfied that they are being properly cared for and that the arrangements made for the children are satisfactory.
Once granted by the Family Court, a Divorce Order takes effect and is therefore final, one month after the Court makes the Divorce Order.
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