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Divorce Lawyers in Maddington
No firm in Maddington, WA has yet listed divorce lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.
Also in Maddington
General practices in the area. They haven't nominated divorce lawyers as a specialty, so check before you engage them.
Overview
What divorce lawyers actually do
Divorce is the formal legal end of a marriage. It is a discrete application, separate from the questions people usually care about more — the children and the property — which are dealt with independently and can be resolved before, during or after the divorce itself.
Australia has no-fault divorce, so the court is not interested in who was at fault. The requirement is that the marriage has broken down irretrievably, demonstrated by a period of separation.
The work they handle
- Preparing and filing the divorce application
- Sole applications, including serving the other party
- Applications where you have separated but lived under one roof
- Advising how the divorce interacts with property and parenting matters
- Consent orders to formalise a property settlement
- Advice on time limits that start running once a divorce is final
Western Australia
Where a matter like this is heard
Magistrates Court of WA
Handles most criminal and traffic matters and smaller civil claims.
District Court of WA
Handles serious criminal trials and larger civil claims.
Supreme Court of WA
Handles the most serious criminal matters, major commercial litigation and probate.
State Administrative Tribunal (SAT)
Handles planning, guardianship, vocational regulation and administrative review.
- Western Australia is the only state with its own dedicated Family Court — the Family Court of Western Australia — rather than sending family matters to the federal court. If your matter is in WA, look for a firm that practises there specifically.
- Distance matters more here than anywhere else. Many Perth firms act for clients across the whole state and are set up to run a matter without you ever attending the office.
When to call a divorce lawyer
- You have been separated for the required period and want to formalise it
- You cannot locate your spouse to serve the application
- You separated but continued living in the same house
- There is property to divide and you do not know the order to do things in
- You have been served with a divorce application
What it costs
The court charges its own filing fee, which is the larger cost for a simple divorce and may be reduced in cases of financial hardship. Legal fees for an uncontested divorce are usually a modest fixed amount. Property and parenting work is priced separately, because it is a separate job.
How to choose
Deal with property first, or at least early
Finalising a divorce starts a time limit for property proceedings. Get advice on sequencing before you file.
Uncontested divorces rarely need much
If you agree and there are no complications, this is straightforward. Spend the money on the property settlement instead.
Separation under one roof needs evidence
It is accepted, but the court expects supporting material. A lawyer will tell you what is required.
Before you engage anyone
Check the practitioner holds a current practising certificate. In Western Australia that is Legal Practice Board of Western Australia, and the register is public.
Check the WA register ↗Common questions
How long must we be separated?
You must have been separated for at least twelve months before applying. It is possible to have separated while still living in the same home, though that requires additional evidence.
Do we both have to agree to the divorce?
No. One party can apply. The other must be served, but their consent is not required — the ground is that the marriage has broken down irretrievably.
Does the divorce divide our property?
No. Property settlement is a separate process. A divorce does, however, start a time limit for bringing property proceedings, so the two interact.
What if we have children under 18?
The court needs to be satisfied that proper arrangements are in place for them before granting the divorce. It does not decide the parenting arrangements in that application — that is separate.
This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.
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