Application For Divorce Kit (Page 8 of 8) in pdf

Notice of Application for Divorce

You only need to complete this notice if you have made a sole application. Once you have printed the name

and address of your spouse, attach this notice to the front page of the Application for Divorce to be served on

your spouse.

To (name of spouse)

Contact address (address for service)

TO THE RECIPIENT OF THIS NOTICE

In the attached application your spouse is applying for divorce. The Court has set down the hearing of

this application at the time and place shown on page one of the Application for Divorce.

What steps you need to take

You should sign, date and return the Acknowledgment of Service to the person who served the

Application for Divorce on you.

You should check the details given by your spouse in the application to make sure they are correct to

the best of your knowledge. You should also carefully read the enclosed brochure ‘Marriage, Families

and Separation’. It sets out the legal and possible social effects of divorce and the services provided to

families by the Family Court and other government and community agencies.

If you want the divorce granted, you do not have to go to court or do anything else. A copy of the

divorce order will be made available to you, either by post or through the Commonwealth Courts Portal

(if you are a registered user) after the order has become final.

If you want the divorce granted but disagree with facts in the application, you may file an affidavit.

You need to outline which facts you disagree with in the affidavit and attend the hearing.

If you do not want the divorce granted, you must file a Response to Divorce. You need to outline the

reasons why you oppose the divorce in the Response to Divorce. You should attend the hearing. If you

do not attend, the Court may decide the divorce application in your absence.

In certain circumstances, you can apply to the Court in writing to appear by telephone. For example,

you live some distance from the Court, you have a illness or disability, the expense with attending or

safety concerns. For more information call 08 9224 8222 or toll free 1800 199 228 to speak to a Call

Centre Officer at the Family Court of Western Australia.

Response to Divorce

If you want to file a Response to Divorce, you need to file it at a family law registry:

if served in Australia – within 28 days of the application being served, or

if served outside of Australia – within 42 days of the application being served.

After filing the Response to Divorce with the Court, you must serve a copy of it on your spouse in

accordance with the rules of the Court. You can get a copy of this form from ,

by calling 08 9224 8222 or at your nearest family law registry.

Property and maintenance

If you want to apply to the Court about property or your own maintenance, you must file a separate

application within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s

permission to apply.

Principal Registrar

Date

Application For Divorce Kit Page 8