How Do I File For Divorce in WA: A Simple Guide

Deciding to end a marriage is never easy. If you’re considering divorce in Western Australia, you might be feeling lost about where to start and what to do. This guide will take you down the path with clarity, step by step.
Divorce in WA
Western Australia is a no-fault divorce state.
This means you don’t have to prove anything against the other party to get a divorce. The only legal requirement is that your marriage has broken down irretrievably and you’ve been separated for at least 12 months. A marriage certificate is essential to prove your marriage is valid.
From 10 June 2025, you will no longer require a counselling certificate, if you have been married less than two years. Many people find comfort in knowing the legal process is simple, even if the emotional journey is complicated. The court’s job is to acknowledge the end of the marriage – not assign blame or work out why the relationship ended.
Eligibility and Requirements
To apply for a divorce in Australia you must meet the eligibility criteria in the Family Law Act 1975.
You must be legally married to the person you are seeking a divorce from. You must have been separated for at least 12 months and demonstrate the marriage has broken down irretrievably. A marriage certificate is essential to prove your marriage is a valid marriage in Australia.
You must also be an Australian citizen or resident or have been living in Australia for at least 12 months before you apply for a divorce. If you were married overseas you can still apply for a divorce in Australia if you meet these criteria.
In these cases you may need to provide additional documentation such as a certified translation of your marriage certificate with your application.

The Divorce Process: Step by Step
Separation
The separation period is the first step of your divorce journey.
In Western Australia, you must be separated for at least 12 months before you can file for divorce. This is a mandatory waiting period to give couples time to be sure of their decision and make necessary arrangements.
Note: separation doesn’t always mean living in different homes. You can be “separated under one roof” if you continue to live in the same residence but live separate lives. However you’ll need to provide evidence of this arrangement, such as sleeping in different rooms, having separate finances and not presenting as a couple socially.
Things to do during separation:
- Document your separation date by email or formal letter
- Open separate bank accounts
- Collect important financial and personal documents
- Set clear communication boundaries
- Record of shared assets and debts
Counselling and Mediation
From 10 June 2025, for marriages under 2 years counselling is no longer required.
For all marriages, mediation can be helpful in resolving disputes and agreements about property and parenting arrangements.
A professional mediator can help you have difficult conversations and find common ground especially around sensitive issues involving children or finances.
Finances and Property Settlement
Financial separation is often the most complicated part of divorce.
You don’t need to have a final property settlement before you file for divorce but you need to understand your legal position. The court may consider, among other things, the following when assessing property division:
- Length of marriage
- Each person’s financial and non-financial contributions
- Future needs including earning capacity and care of children
- Age and health considerations
- Effect of any proposed settlement on both parties
Children
When children are involved, their wellbeing is the court’s top priority. Before a divorce can be granted the court must be satisfied that proper arrangements are in place for any children of the marriage under 18 years of age.
This includes:
- Where the children will live
- How they’ll spend time with each parent
- Financial support arrangements
- Educational decisions
- Healthcare management
The focus should always be on minimising disruption to children’s lives while they maintain a meaningful relationship with both parents, if this is in the children’s best interests. This often means creating a parenting plan or Family Court orders ideally by consent that cover routine care and special occasions.
Prepare and File your Application
Preparing and filing your application involves several steps. First gather all the required documents including your marriage certificate. Then complete the online Application for Divorce form on the eCourts Portal of Western Australia.
You sign your application in the presence of an authorised witness e.g. a Justice of the Peace or lawyer. If you sign your application overseas different rules apply.
The filing fee for a sole application is $1,100 and the reduced fee (if granted) is $365 as of June 2024 and increases each year on July 1st. If you are experiencing financial hardship you may be eligible for the reduced fee.
More information on fee reductions can be found on the Family Court of WA website.
Serve your Application
If you are making a sole application you will need to serve your application on your spouse.
This can be done by e.g. engaging a process server to serve the other party. Personal service is required unless the other party has agreed to accept service by other means e.g. post or email.
After serving the application you must file proof of service documents with the court. This is usually done by filing an Affidavit of Service which confirms your spouse has received the documents. You may also be required to file more documents e.g. Affidavit of Proof of Signature.
File your Divorce Application
Once you have met the 12 month separation period you can file your divorce application through the eCourts Portal of Western Australia. The process requires:
- Your marriage certificate
- Proof of citizenship or residence
- Details of separation
- Information about children under 18
- Payment of filing fee (or application for reduction)
You can file with your spouse or alone. Joint applications tend to proceed more smoothly as they show agreement between the parties. The process will vary depending on whether you are making a sole or joint application.
Divorce Hearing in Family Court
Not everyone needs to attend their divorce hearing. Attendance is only required if:
- You filed a sole application and have children under 18 (from 10 June 2025 this will no longer be required)
- There are special circumstances that need to be discussed in court
- Your spouse is contesting the divorce
When attendance is required hearings are usually a quick process where the court will confirm the grounds for divorce have been met and proper arrangements are in place for any children.
A divorce order becomes final a month and a day after the hearing and doesn’t deal with ancillary matters like property or any child custody arrangements.

Timeframes and Costs
The time frame to process a divorce application can vary depending on the complexity of the case and the court’s workload.
Generally it takes around 3-6 months to finalise a divorce application. The cost of a divorce application varies. Additional costs may apply if you need to get a lawyer involved especially in more complex cases.
Common Issues & Solutions
Many people face the same issues during divorce. Knowing these common problems and how to fix them will help you feel more prepared:
Uncooperative spouse
If your spouse won’t engage in the process you can still file a sole application. The court has procedures for serving documents and moving forward when one party is unco-operative.
Managing stress
Divorce can be very emotional and make decision making difficult, consider:
- Getting professional counselling support
- Sticking to routines
- Building a support network
- Taking care of your physical health
- Keeping communications clear and documented
Get Professional Help
While you can file for divorce without a lawyer, it’s highly recommended to get professional help to protect your rights and interests.
A family lawyer can help you understand the legal requirements of the divorce process, prepare and file your divorce application, and negotiate property settlement and parenting arrangements. They can also represent you in court if needed.
. Getting professional legal advice will make a big difference in navigating the divorce process and make it smoother and more informed.
From Knowing to Doing
Now you know the divorce process. Remember thousands of people do this every year and help is available at every stage:
- Take it one step at a time
- Get professional advice when needed
- Keep records and documents clear
- Prioritise your wellbeing and your children’s needs
The divorce process is finalised with a divorce order which becomes final a month and a day after the hearing.
Not sure where to start? Our family lawyers at Perth Divorce Lawyers know what you’re going through and can help you get clarity.
FAQs
How long does it take to get a divorce in WA?
Minimum time from filing to finalisation is about 4 months but can be longer depending on your circumstances and if you need to attend a hearing.
What are the grounds for divorce in WA?
Only one ground is irretrievable breakdown of marriage, proved by 12 months’ separation.
Can I get divorced if my spouse doesn’t agree?
Yes, you can file a sole application. Under Australia’s no-fault system you don’t need your spouse’s consent to get a divorce.
Do I need a lawyer to get divorced?
Not mandatory but professional advice can be helpful especially if you have a complex finances or children under the age of 18.
How much does it cost to get divorced in WA?
The court filing fee is $1,100 (as of 2024) with reduced fees for eligible applicants. There may be additional costs if you need a lawyer.
Does my divorce application impact my family law property settlement in any way?
The time limit for a party to seek orders in relation to property matters as well as spousal maintenance, is within one year after your Divorce Order takes effect. This date will be set out in the Divorce Order.
How will my will be impacted?
Pursuant to the Western Australia Wills Act, in the absence of a contrary intention in the Will (containing a clause that it is made in contemplation of divorce), a Will is automatically revoked upon a Divorce Order being made.