Perth Divorce Lawyers – Divorce Proceedings

Divorce

Divorce Lawyers Perth, WA

Relationships don’t always work out. If your marriage has irretrievably broken down and you are unlikely to reconcile, you may file for divorce. Divorce, in short, is a legal finalisation of a marriage. Divorce orders recognise that a marriage has ended.

 

Our Perth divorce lawyers are well-equipped to handle both simple and complex cases.

Divorces are handled by the Family Court.

An example of a simple case would be a joint application for divorce (where both parties agree to the separation), and they have been separated for 12 months (living separately). Cases can become more complex if:

  • Only one person wishes to separate (also known as a sole application for divorce)
  • If you both still reside together in the same house (separated under one roof)
  • If you have separated previously, reconciled and separated again
  • There are children under the age of 18 years old to be considered (see also Parenting Matters)
  • There are location-based considerations (such as one party living interstate or overseas)

If you are not married, you cannot submit a divorce application. However, you may still apply for Parenting Orders, Property Orders or Financial Orders. It’s important to note that a divorce does not address any property matters, financial matters, or parenting matters.

 

Genuine Legal Wa Divorce
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Will I Need To Attend Court While Divorcing In WA?

Whether you are obligated to attend Court in-person is dependent on the circumstances of your divorce. In cases of joint divorce applications where both parties are in agreement, Court attendance is generally not necessary. Alternatively, when undertaking a sole divorce, attendance is required as it allows the Court to ensure the other party has been properly served before proceeding with the divorce process.

How Long Does It Take To Have My Divorce Finalised?

The divorce timeline depends on the capacity of Family Court. A wait of 8-12 weeks is typical. The divorce is not finalised until one month and one day after the Court hearing.

Access A Free Phone Consult With A Divorce Lawyer

Regardless of your situation (be it property or parenting-related), Genuine Legal WA can help. Contact us to receive your free 1-hour initial consultation via phone or online. Our divorce lawyers in Perth or Western Australia will help you understand the options available to you, whether you’re required to attend and the processes involved.

 

Divorce Legal Services

Joint Divorce Application WA

Sole Divorce Application

Joint Application + separated under one roof

Sole Application + separated under one roof

OUR CLIENT REVIEWS & TESTIMONIALS

Kellene Elder

When the “Applicant” first served papers on me to move through Family Court and being we had a very complicated family dynamic, I did not know where to turn or how to navigate my family court issue. My young child was and is the most important human in the world to me and Genuine Legal kept an equilibrium between the trauma I experienced going through Family Court for the first time, whilst remaining continually child focussed and keeping our case on track. I was highly impressed in many ways with Genuine Legal over the 3 years they represented me and in the interests of my child. They did not want to litigate just for the sake of litigation, they stayed transparent, remained a high level of integrity and all the while being considered a “budget” law firm when I knew of “high end law firms” who would have not have advocated for my child like Genuine Legal did. I rarely take the time to review but I honestly cannot fault them. They kept me on task, reminded me legally and morally what was reasonable in my expectations for my family. Andrea (Director) and her lawyers have been a collection of professional and more importantly, decent people.
Best regards.

Kellene Elder

Ebony H

Consistently gave me great advice, were always quick to respond to any queries or concerns that I had, and have been a great help to me and my case. Highly recommend the team at Genuine Legal WA, they are both friendly and full of knowledge.

Ebony H

Malissa Groome

Andrea was easy to talk to and answered all the questions I had (as well as some I didn’t even know to ask).

Malissa Groome

Kerrie Davis

Andrea was so helpful on our initial phone call I now feel confident in the way things are going

Kerrie Davis

Jesse Southern

Andrea, Hayden and David and the team at Genuine Legal were a pleasure to work with. Highly recommended

Jesse Southern

Kym Gibson

Exceptional customer service, delivered with a consistently high standard of professionalism and integrity. The team went out of their way to accomodate me and David’s attention to detail is impeccable and his knowledge is faultless.The successful outcome was solely due to David’s dedication to ensuring a child focussed approach. So grateful to have found this team and highly recommend anyone who is facing a combative situation to engage Genuine Legal. Thankyou David.

Kym Gibson

P

The team here in Perth, were efficient, speedy and I was always aware of what was happening with my divorce.. they were a pleasure to do business with..

Peta B

Codee Stewart

Absolutely awesome service and great communication. Easy process

Codee Stewart

Selemani Salima

Great understanding of my case, great quick response, great legal advice on each and every stage. Great Work guys.

Selemani Salima

Greg Adams

I was very happy with the legal work of Andrea and her team. Communication was precise, legal opinion made easy to understand and I always felt that I had a good team behind me. Thank you

Greg Adams

Isabel Combe

Very professional, efficient, supportive. Very patient with me when, at times , I was just too overwhelmed. Guided me through it all and got my Matters sorted. Will definitely use their services again if I ever need to. Couldn’t recommend it more.

Isabel Combe

Valerie Casey

Highly recommend Genuine Legal WA – The 1 hour free advice over the phone was very helpful. The fee seems to be reasonable and its re- assuring to have fixed price agreements especially during such stressful situations.

Valerie Casey

Still Have Questions?

Why is the initial consultation free of charge?

This is one of our firm’s core values. We do not charge and will never start charging for our initial consultations. We believe that everyone has the right to affordable legal advice. Hence, you do not ever have to pay for your consultation, even if you choose to take on our services. 

Do I need to pay if my initial consultation has taken more than 1 hour?

No. We do not put a limit on the length of your consultation. All initial consultations are no obligation and absolutely free of charge.

Do I need to book a consultation or can just walk in?

To guarantee your spot, we advise to book in advance. However, we do have a number of walk-in locations: Victoria Park Office WA, Parramatta Office NSW, Brisbane City Office QLD, Caboolture Office QLD.

Can you tell me in advance how much my matter will cost me?

Yes, we will provide you with a fixed fee quote. Usually, it is possible to provide you with our fixed fee quote after attending a 1-hour free consultation. For complex litigation matters, we will be able to give you a fixed fee quote for a particular stage of your case.

Why do you charge 3 - 10 times less than other law firms?
  1. The first reason is that we are a national law firm. We can offer very low fixed fees because we have a significant volume of matters.
  2. Secondly, we do not charge for communication with our clients and correspondence with other parties and courts. All charges are included in the fixed fee.
  3. Most importantly, we do not complete unnecessary work/documentation. We work in a very efficient results-orientated manner, and do not charge for unnecessary steps (common in most practises).
You are a low-cost firm, does it mean that I will get lower quality representation?

No, it absolutely does not. Our unique business model allows us to charge less; however, the lower price does not reflect the competency of our professionals. Our Directors, Associates, Senior Solicitors, Solicitors and Paralegals are fully experienced in Family Law matters and often deal with very complex cases. We guarantee top quality work.

Do you do Legal Aid work?

No, we do not work on Legal Aid grants. However, we often assist clients who are not eligible for Legal Aid.

Do you charge for emails, phone calls, meetings?

No. All correspondence and communication with our clients is included in the fixed fee.

Am I eligible for a Payment Plan?

Yes, everyone is eligible for a Payment Plan. We neither have a selection criteria, nor do we charge an interest rate with the plan.

Can I choose a traditional hourly rate?

Yes. You can choose traditional hourly rates (optional). We made it low and straightforward, at just $270 per hour (including GST), which is significantly less than other law firms in Australia. However, most matters are handled on a fixed fee basis as it is more cost effective for clients. Our clients prefer a fixed fee. 

What if I cannot afford to pay legal fees upfront?

We do not ask our clients to pay large amounts upfront. We offer clear payment plans. We can commence work on your matter without an initial deposit if you cannot afford one.

Do you charge for your travel and accommodation expenses in case my Court hearing is in a remote location or where you do not have a permanent office?

No, on 1 February 2020 we stopped charging clients for travel & accommodation. These expenses are on us. You pay for actual legal services and representation only.

How can I apply for Divorce if we separated, but continued living in the same home for 12 months prior to applying for divorce?

The general rule is that you must be separated for 12 months before filing an application for Divorce. This is known as ‘separation under the one roof’. In this case, you need to prove to the Court that you were separated during this time.

  • Sole application: This can be done by filing an affidavit yourself and an affidavit by an independent person (family member, friend or neighbour etc).
  • Joint application: If you are applying together with your spouse, you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should also file an affidavit by an independent person.

In your affidavit, you need to prove that there has been a change in the relationship, gradual or sudden, demonstrating that you and your spouse have separated under one roof.

Book a free one hour online consultation

Existing clients:

08 6186 0085

New enquiries :

07 2113 4645