Family law matters can be a difficult emotionally. Our lawyers aim to simplify the process and minimise stress.
Call us for a free initial 15 minute phone consultation to speak to one of our lawyers about your family law matter.
Come into our office to discuss your entitlements and rights. We will advise you on the best approach to the matter and the next step in the process.
Our experienced family lawyers will advise you on the best way to finalise the case with the most beneficial outcome.
While we aim to settle family law matters outside of court, we are also highly skilled lawyers that will secure the right outcome in court.
Experienced Family Lawyers
We are experts in Family Law
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We are conveniently located in the Perth CBD
We settle over 95% of cases out of court
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Klimek & Wijay is a law firm in Perth, Western Australia that specialises in family law. Klimek & Wijay provide legal services related to family law which includes divorce, child custody, child support, restraining orders, financial arrangements, property settlement spousal maintenance and other family law matters. Klimek & Wijay are highly experienced family lawyers and are committed to achieving the best outcome for our clients.
Within Perth, or any other part of Australia, a divorce may be acquired in either the Australian Family Court or in the Federal Circuit Court (Federal Magistrates Court). More advice about divorce in Australia can be obtained online at the Family Court Website.
The first step in the divorce process is to prove to the court that you have a legal marriage. If needed a certificate of marriage that has a translation into English which is sworn can be adequate. In case you do not own a certificate of marriage or you require the marriage certificate that you have to be translated, the family lawyers in our firm can organise this for you.
The court will need to be convinced that the relationship in question has completely broken down to an extent that it cannot be retrieved. A minimum separation duration of 12 months before applying for divorce proves to the court that the relationship cannot be amended.
Planning for your children
In Perth, and the rest of Australia, the court cannot grant a divorce unless it is convinced that plans for any children have been put in place. That does not imply that the plans made by the parties involved are formal nor does it imply that there are no disagreements but rather it means that at the time of hearing the divorce case the children are being taken care of and provided for as required.
We have more information and advice about child custody and child support on our website.
Can I apply for divorce myself?
Divorce can be applied for by one’s self, so long as all the legal requirements are fulfilled. The Federal Circuit Court (Magistrates Court) is the court that you will need to apply for your divorce through. You can obtain a Do It Yourself Divorce Kit which is simple to understand at the Federal Magistrates Court website www.fmc.gov.au.
The process of applying for divorce is relatively simple, however it’s a good idea to have an experienced family lawyer apply for the divorce on your behalf, particularly if you need to negotiate with the other party regarding child custody, child support, financial arrangements and dividing assets.
Service and Notice
After lodging the divorce application form, normally a date for a hearing will be set, which is usually at least two months after the application for divorce has been lodged. A copy of the divorce application must be delivered in person to the other party. If the divorce application cannot be given in person, an application can be made to the court stating that either your spouse has been informed about the hearing of the divorce case, or you made every effort to inform them. After finalising the divorce, a certificate of divorce sealed in an envelope is issued through the post.
At Klimek & Wijay family law firm we have expert divorce lawyers who are committed to helping our clients navigate the entire divorce process. Contact us today for a free 15-minute assessment of your case with one of our highly-experienced family lawyers.