If you are thinking about making an application to the Family Court for orders relating to Property, Financial Maintenance, Child Related Proceedings, or for a Divorce, it is important to understand whether you are eligible to make an application.

 

Property and Financial Maintenance

 

Who is eligible to make an application?

Married Couples

For parties to a marriage, one party must:

  • be an Australian citizen;
  • ordinarily reside in Australia; or
  • be present in Australia when the application is made.

 

De facto Couples

For parties in a de facto relationship:

  • The parties must have been in a de facto relationship for at least 2 years; or
  • There is a child of the relationship; or
  • A party to the relationship has made substantial contributions to the relationship;
  • and One party to the relationship must be residing in WA at the time the application is made; and
  • Both parties have resided in WA for at least
  • One party to the relationship must be residing in WA at the time the application is made;
  • and Both parties have resided in WA for at least
  • Both parties have resided in WA for at least one third of the duration of the de facto relationship.

 

 

Child Related Proceedings

 

Who is eligible to make an application?

  • Either, or both of the child’s parents;
  • The child;
  • A grandparent of the child; or
  • Any other person concerned with the care, welfare or development of the child;

 

Who is:

  • Present in Australia when the application is made;
  • Is an Australian citizen; or
  • Is ordinarily residing in Australia.

 

 

Divorce

 

Who is eligible to make an application?

The parties to a marriage are able to make an application for divorce.

 

 

More Information

 

Once the question of eligibility has been determined, there are likely to be more questions to resolve, such as:

  • Within what time frame must I bring my application?
  • Can I bring my application out of time?
  • Are there any other qualifications to bringing an application?
  • How do I make an application?
  • What kind of result can I expect?
  • What orders can be made by the Family Court?
  • What factors does the Family Court take into account when making orders?

 

Our experienced Perth family lawyers can provide answers to all of your questions and guide you through the Family Court process. Should you require assistance, please feel free to contact us today to discuss your individual circumstances.