Divorce Orders in the Family Courts
In order to make an application to the Court for a divorce order, you have to apply online or fill out the application form to file at the Family Court of Western Australia at 150 Terrace Road, Perth, WA, 6000. The application costs $865. You should take advice from a Perth or Fremantle divorce lawyer experienced in handling Binding Financial Agreements.
The Court does not consider why the marriage has ended but rather they have to decide whether the marriage has broken down irretrievable. According to section 48 of the Family Law Act 1975 (“the Act”), a divorce order cannot be made if the Court is satisfied that there is a reasonable likeliness of cohabitation being resumed.
However, the granting of a divorce does not determine issues of financial support – it only recognizes that the marriage has ended.
This is why it is important that if the parties can agree on how the property is divided, they either enter into a binding financial agreement or sign consent orders.
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