A client wished to apply for a divorce in accordance with the law of Western Australia.
He had been married overseas and been separated for some considerable time. The client was provided with legal advice and assistance in relation to the completion of the application.
The client arranged the service by engaging a very close relative of both he and his estranged wife. An affidavit of service was filed by the relative confirming his attempt to serve. The estranged wife did not sign an Acknowledgement of Service. The Family Court of WA (FCWA) refused to accept that service had been conducted in accordance with the Family Law Rules 2004.
Extensive correspondence was entered on behalf of the client with the FCWA to advise that service had been lawfully conducted and should be accepted. Further, the client was also assisted with the application for substituted service and finally, a successful application to dispense was made, following which the client was granted a Decree Nisi (confirmation by the court that the reasons for the divorce have been established and all legal requirements have been met) and then a Decree Absolute (order from the court confirming the divorce and replacement of marriage certificate).
The client reported his sense of relief and his ability to look forward and make plans for a future that he for a very long while thought not possible. The client was very grateful for the assistance and acknowledged that without the support of the family law unit and SSCLS, he would have struggled otherwise.