When a marriage or a de facto relationship breaks down, many experience disbelief, confusion and anxiousness. This is understandable and it may be hard to find the mental space to prepare the paperwork for the separation and divorce.

Furthermore, separating spouses may play hardball, refuse to provide their financial details, inflate liabilities or siphon off and hide their money. This can result in a drawn-out divorce process and be highly challenging. Unfortunately, a lack of preparation may have a negative impact as you may lack the necessary evidence to put your best case forward. Hence, to protect your interest and to reach a satisfactory outcome, it is vital where possible to be prepared before a separation is triggered or quickly after the breakup has occurred.

This article offers an insight of the actionable steps you can take to be prepared for the process of dividing the assets of the relationship with your spouse and for court action, if this is required to split the assets. These steps will help to reduce your legal costs in the divorce process.

1.Prepare a list of assets and liabilities

All assets of the parties whether held jointly or in the sole name of one spouse will fall in the pool of assets for division. This will include the portion of an asset held by a spouse with a third party such as a parent, sibling or business associate. Assets for division will cover bank accounts, real estate, shares, vehicles, superannuation, businesses and any other asset of value to the parties. Some assets are held in a company or trust structure. This often includes Self-Managed Superannuation Funds (SMSF) and trust or corporate structures to hold businesses and investments. As long as a spouse has an interest in the corporate or trust structure, it also falls within the pool for division.

If you have separated from your spouse and wish to apply for a divorce, you would need to consider whether you are eligible to file for a divorce in Australia and the steps required to commence and complete divorce proceedings.

What is divorce in Australia?

When the term “Divorce” is used in family law matters in Australia, it refers to the legal process of terminating the marriage. Separation alone does not terminate the marriage. In order for a marriage to be officially terminated, the court must issue a “Divorce Order”.

Besides divorce, a separated married couple would also have to address how their property and finances are to be divided and if there are children, how the care of their children is to be resolved.

How does divorce work in Perth, Western Australia?

It does not matter whether you wish to apply for a divorce in Perth or in any other Australian state or territory. Family law applies similarly throughout Australia. State law does not apply to divorces. Instead, federal legislation known as the Family Law Act 1975 applies. Hence, the law on divorce is the same throughout Australia.

However, you need to ensure the court you file your divorce application has jurisdiction to hear your matter.

Separating from your spouse is not only a highly stressful and difficult time emotionally but can also be exceptionally hard on the pocket. Splitting a single household into two is never an easy task in the best of times. According to a report by the Australian Broadcasting Corporation posted on its website on 15 July 2024 (https://www.abc.net.au/news/2024-07-15/couples-delay-official-divorce-due-to-cost-of-living-pressures/104086442), it appears that in today’s cost of living crisis, separating couples are choosing to delay making an application for divorce due to financial pressures.

This brings up the question whether a separating spouse needs to appoint a lawyer to assist in making an application for divorce or can he or she self-represent in relation to the divorce application so as to save legal costs.

The short answer is that there is no requirement under the law for any party to the marriage to be represented by a lawyer when making an application for divorce.

Therefore, you can prepare and file the divorce application yourself and if a divorce hearing is required, you can be self-represented at the divorce hearing in the court. You will need to read carefully all the information available on the court website before preparing your application.

A divorce is a court order that dissolves a marriage.

What is the divorce process in Western Australia?

Divorce only applies to a married couple. Divorce occurs when all legal requirements to end a marriage are completed. It starts with the married couple separating for 12 months and then filing a divorce application with the Family Court of Western Australia. The Family Court then hears the divorce application, and the marriage is legally ended when the Family Court makes a Divorce Order.

If you are in a de facto relationship, there is no requirement to undergo a divorce in court. In a de facto relationship, the relationship ends when you separate and inform your partner of the separation.

A divorce application can be filed as a joint or sole divorce application. If you have children under the age of 18 years, a court hearing may be required at the Family Court of Western Australia so the court is satisfied with the parenting and custody arrangements of the children. Otherwise, if a court hearing is unnecessary, the divorce application is heard without the parties.