In Australia, an application to the Court for a divorce is separate from any application about property or children.
The Court does not take evidence of fault or blame into account in a divorce application and will grant a divorce provided that the application is served on the other party, you have been separated for 12 months and the arrangements for your children, if you have children, are proper.
The Court will dismiss the application if the Court is not satisfied that the parties have been separated for 12 months. It is essential to address this issue correctly in the application as some circumstances can complicate separation, for example, if you and your spouse continue living under the same roof. In that case, you can still apply for divorce; however, evidence from a third party is required to corroborate the separation. Another complicating circumstance occurs when you and your spouse separate but resume living together as a couple for a short time before separating again. Suppose the period of living together is less than 3 months. In that case, you can add the period of separation before and the period of separation after together to total the required 12 months.
Obtaining a divorce will allow you to remarry. It will also end the “spouse” relationship for tax purposes and some other claims, including superannuation and the Inheritance Act.
You can apply for a divorce online through the Family Court of Western Australia website.
