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Consent Order Lawyers

Navigating the Divorce Process in Western Australia: A Step-by-Step Guide


It sounds obvious but to divorce someone you must be legally married to that person first. The evidence for that is usually your marriage certificate.


You must show to the Federal Circuit Court that your marriage has broken down irretrievably. This is proved by establishing that you and your spouse have been separated for 12 months or more before filing the Application for Divorce.

If you have children with your spouse under the age of 18 you must satisfy the court that specific arrangements are in place for the children. The court will consider:

· the living arrangements for the children;

· the time the children spend with each parent;

· whether you and your spouse are financially supporting the children;

· the health and education of the children.

If you have been married for less than 2 years the court cannot hear your Application for Divorce unless you and your spouse have been to a family counsellor to consider the prospects of reconciliation or the court dispenses with the requirement for counselling.

To give you an overview of the numerous steps involved I have included a summary next. My project plan links to the Family Court of Western Australia documents.

The following is just an example and some steps might not apply in your circumstances. Other steps not included in the project plan might apply to your circumstances.


1. First interview with the client in person or online Family Law Questionnaire.

2. Give to the client the brochure Marriage, Families and Separation.

3. Discuss costs and draft a retainer agreement.

4. Client to sign a retainer agreement and forward deposit on account of costs and disbursements.

5. Lawyer gives written advice to the client about the divorce.


6. Objection to jurisdiction – due to various reason the court might not have jurisdiction to hear the divorce application. Lawyer to advise you on that.


7. Complete an Application for Divorce. Include date of separation as it is essential for the following reasons:

· when child support becomes payable;

· when new Centrelink benefits become payable;

· how the court will calculate the property settlement.

8. Send a copy of the completed Application for Divorce to client for checking.

9. Send a letter to other party seeking a joint application and sharing of application fee to save client’s money.


11. If the Marriage Certificate is not in English (Overseas Marriage Ceremony), obtain a translation and an affidavit of translation. If client does not have a copy:

Ask the client to order a copy from the Registry of Births, Deaths and Marriages WA or click here if the marriage occurred interstate.

Draft an affidavit if a copy cannot be obtained.

12. A Certificate from a Family Counsellor is required if the marriage lasted less than two years.


13. Client to swear the Application for Divorce form.

14. Lawyer to sign declaration.

15. Lawyer to obtain instructions about service.


16. Take the following to the Family Court Registry for filing:

· original and two copies of the application - see translation clause if client does not speak English;

· filing fee or Application for reduction of payment of divorce;

· copy of Marriage Certificate;

· affidavit instead of Marriage Certificate;

· affidavit of translation of Marriage Certificate;

· copies of any existing orders;

· copies of Citizenship paper or Australian Passport if client born overseas;

· for non-citizens and affidavit proving domicile in Australia;

· if the parties have been living under the same roof affidavit of the applicant and one corroborating witness.

17. Inform the client of the Court hearing date.


18. Contact respondent and confirm willingness to accept service. If Respondent has engaged a lawyer ensure that instructions to accept service have been given.

19. Immediately serve sealed Application for Divorce and Marriage, Families and Separation.

20. If the first attempt to serve failed serve again using an alternative service method.

Alternative methods of service

21. Use a process server.

22. Obtain and file an acknowledgement of service. File at the registry with a covering letter.

23. Obtain and file an affidavit of service.

24. Substituted service required.

25. Apply for dispensation of service under Reg 7.18 Family Law Rules 2004.

26. Service overseas.

Note: Inform the respondent at the time that the application is served if shortening of time sought.


27. File and serve a response (objecting to jurisdiction) within 28 days of service.

28. Directions for further conduct of the matter.

29. Defended hearing.


30. Remind the client of the hearing day.

31. Inform the client of Court process.

32. Ask the client if any change of circumstances has occurred between the date of filing and the hearing date.


In the absence of the parties

33. Hearing in the absence of the parties.

In the presence of at least one of the parties

34. Prove the marriage - tender marriage certificate.

35. Establish jurisdiction -application should achieve this.

36. Prove the ground of divorce -application should achieve that.

37. Prove service - affidavit of service, acknowledgement of service, affidavit of proof of signature.

38. Show that proper arrangements have been made for the welfare of any children (s.55A FLA).

39. Seek leave to rely on client's affidavit evidence if any.

40. Advise the Court orally if any change in circumstances.

41. Divorce order pronounced.


42. The outcome of the hearing and that one month for the divorce order to take effect (s.55 FLA).

43. Status of their last Will -Wills Act 1970 s14A.

44. Twelve month limit for property and spousal maintenance applications to be filed from the date the divorce order took effect.

45. Change of beneficiaries of superannuation funds and insurance policies.

46. Mail divorce order to client with written advice about 41 to 44 above.

Needeless to say the contents of this post are not legal advice and you must seek advice from a qualified legal practitioner regarding your specific circumstances.


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