How long does it take to get divorced in Perth?
The divorce process itself takes approximately 4-6 months from filing to finalisation. However, you must first be separated for at least 12 months before you can apply. Separation can occur while living under the same roof, though you may need to provide evidence of this arrangement.
Do I need a family lawyer for mediation?
While you don’t need a lawyer to attend mediation, having legal advice before and after mediation is highly recommended. Understanding your legal rights and entitlements helps you make informed decisions during mediation. At Mediations Australia, we can provide both mediation services and legal advice, or you can obtain independent legal advice elsewhere.
What if my ex refuses to attend mediation?
If one party refuses to attend FDR, the practitioner can still issue a certificate stating that the other party declined to participate. This certificate allows you to proceed with a court application. However, courts generally look favourably on parties who have made genuine efforts to resolve matters outside of court.
Can I change parenting orders after they’re made?
Yes, parenting orders can be changed if there has been a significant change in circumstances. You’ll generally need to attempt FDR again before applying to the court for variation. Our Perth family lawyers can advise whether your circumstances warrant a change and the best approach to take.
What’s the difference between a parenting plan and consent orders?
A parenting plan is a written agreement between parents that isn’t legally enforceable—it relies on goodwill and cooperation. Consent orders are approved by the Family Court and have the full force of law, meaning breaching them can result in penalties. We generally recommend consent orders for greater certainty and protection.
How is property divided in Western Australia?
There’s no automatic 50/50 split. The Court considers the full asset pool, each party’s contributions (financial and non-financial), and future needs factors. The goal is a division that is “just and equitable” in the circumstances. Our Perth property settlement lawyers can provide an assessment of your likely entitlements.