How to Apply for Divorce in Western Australia

Applying for divorce can feel overwhelming, especially if you are also dealing with parenting arrangements, property settlement or financial matters. In Western Australia, divorce is generally handled through the Family Court system, and there are important requirements you should understand before applying.

This article provides general information about how to apply for divorce in Western Australia. If you need advice about your circumstances, speak with our divorce lawyers in Perth.

What Are the Requirements for Divorce in Australia?

Australia has a no-fault divorce system. This means the Court does not consider who caused the marriage to end. Instead, the main requirement is that the marriage has broken down irretrievably.

In most cases, you must show that you and your spouse have been separated for at least 12 months before applying for divorce. You can learn more about divorce requirements through the Family Court of Western Australia and the Federal Circuit and Family Court of Australia divorce information page.

Can You Be Separated While Living Under One Roof?

Yes. In some cases, couples are separated but continue living in the same home for financial, parenting or practical reasons. This is often called separation under one roof.

If you were separated under one roof for part or all of the required 12-month separation period, you may need to provide additional evidence to the Court. This evidence may explain how your relationship changed after separation, including sleeping arrangements, finances, household responsibilities and communication with family or friends.

What Documents Do You Need to Apply for Divorce?

The documents required may depend on your circumstances, but common documents include your marriage certificate, identification documents and information about children under 18, if applicable.

• Marriage certificate
• Details of the separation date
• Information about any children under 18
• Evidence if you were separated under one roof
• Supporting documents if your name has changed
• Details about citizenship, residency or connection to Australia

If you are unsure what documents are required, our Perth divorce lawyers can help you understand the process and prepare your application.

How Do You File a Divorce Application?

Divorce applications are generally filed online through the Commonwealth Courts Portal. You can apply individually as a sole applicant or together with your spouse as joint applicants.

If you apply as a sole applicant, you will usually need to arrange for the divorce application to be served on your spouse. If you apply jointly, service is generally not required because both parties have signed the application.

You can access the Commonwealth Courts Portal through the official Commonwealth Courts Portal website.

What If You Have Children Under 18?

If there are children under 18, the Court will need to be satisfied that proper arrangements have been made for their care, welfare and development. This does not mean all parenting issues must be fully resolved before divorce, but the Court will want information about where the children live, schooling, health, financial support and time spent with each parent.

If parenting arrangements are disputed, you may also need advice from our child custody lawyers in Perth. In Australian family law, parenting matters are commonly discussed using terms such as parenting arrangements, parenting plans, parental responsibility and parenting orders.

Does Divorce Finalise Property Settlement?

No. Divorce legally ends a marriage, but it does not automatically resolve property settlement, financial matters, spousal maintenance or parenting arrangements. These issues are usually dealt with separately.

If you have separated, it is important to get advice about your financial position and property settlement options. Our property settlement lawyers in Perth and family law financial matters lawyers can assist with asset division, financial disclosure, superannuation, debts and consent orders.

Is There a Time Limit After Divorce?

Yes. After a divorce becomes final, there is generally a 12-month time limit to start property settlement or spousal maintenance proceedings for married couples. If you are unsure about your time limits, you should seek legal advice promptly.

Speak With a Perth Divorce Lawyer

Divorce can be straightforward in some cases, but more complex when children, property, finances or separation under one roof are involved. Adamson & Adamson Lawyers provides clear and practical divorce advice to clients across Perth and Western Australia.

If you are considering divorce or need help preparing an application, contact our divorce lawyers in Perth or book a consultation.