How to apply, file for & get a divorce in Western Australia (WA)

When your marriage comes to an end, the path forward might seem a bit unclear. But actually, divorcing in Western Australia and across Australia is usually relatively straightforward. 

The legal steps involved are designed to be clear and manageable, and today everything can be lodged online (on the eCourts Portal). All you need is the right information and guidance, and you can approach the process of divorce with absolute confidence. 

So, if you’re separated (or considering it), here’s how to get a divorce in Western Australia.

What are the requirements/criteria for getting a divorce in Western Australia?

In Australia, all divorces are handled by the Federal Circuit and Family Court of Australia (Family Court). However, in Western Australia, lodgement of your application will be with the Family Court of Western Australia, which is a slightly different process to the rest of the country. The rest of the process remains pretty much the same, including the requirements for getting a divorce.

So how do you file for divorce in WA?

1. There must have been an ‘irretrievable breakdown’ of the marriage.
2. You must have been separated from your spouse for at least 12 months with no likelihood of getting back together (and it’s this that demonstrates the irretrievable breakdown). Australian law has the principle of no-fault divorce, so the reason for separation is not considered. 
3. You must meet the residency/jurisdiction requirement – either you or your spouse must: be an Australian citizen by birth or descent or grant of citizenship; live in Australia and consider it your permanent home; or normally have lived here for at least 12 months before filing for divorce. 

As long as you meet the jurisdictional requirement(s), you are able to apply for a divorce.

How to apply for divorce in WA

Again, applying for divorce in Western Australia is usually pretty straightforward. Here’s how to go about it. 

Will you file alone or with your ex-partner?

You can apply either on your own or with your ex-partner (jointly). Either approach is fine, with joint applications being easier/less involved, but if you file on your own, you will need to be prepared to arrange for service upon your ex-partner of the filed divorce documents (which you cannot serve yourself), and you may have to attend Court (including if separated under the same roof, whether a joint or sole application). 

Prepare your documents

The next step is to prepare the documents you will need to accompany your filing. In all cases, you will need to include a copy of your marriage certificate. But in certain circumstances, you will have other documents to file as well. 

• If your marriage certificate is not in English – a translation of the certificate and an Affidavit of Translation of Marriage Certificate.
• If you were separated but living under one roof – affidavit material is required to be filed setting out the reasons why you continued to share a home despite the marriage ending, including affidavit(s) from independent third party/ies. The Court needs sufficient evidence to prove that you were separated during any relevant period. 
• If you were married for less than two years at the date of applying, you must take part in reconciliation counselling and obtain a counselling certificate.
• Proof of your citizenship or visa to meet the residency requirements.

Register for the eCourts Portal

After you’ve pulled together all your documentation, you’re ready for the next step – registering on the eCourts Portal of Western Australia (eCourts Portal). 

Once you’ve registered, sign in, and then select Family Court of WA in the Assisted Lodgment box. This will then direct you to the Lodge an Application page. You will then select ‘Divorce’ and ‘Start Application’, and you’re ready to begin your application!

The process of lodging in WA does differ from the process in other states in Australia. More information is available on the eCourts Portal website, including a step-by-step process for lodging your application for divorce in WA.

Printing, signing and uploading your application

Once the application is completed, you will need to save it, then save a zip file of the documents to your computer and print the completed application as well as a blank Affidavit for eFiling Application (Divorce). You must then sign the affidavit before one of the listed authorised witnesses: a Lawyer; a Judge/Magistrate/Registrar of a Court; a Notary Public; or a Justice of the Peace. If you are filing a joint application, both you and your ex will need to sign the affidavit in front of your witness (you don’t have to sign on the same day, but the same document).

Lodge your application

Once you have the affidavit completed, you’re ready to lodge your application. Log back into the eCourts Portal and navigate back to Part H of your saved application. 

You’ll need to upload your affidavit now and also download the Brochure – Marriage, families and separation. You will have to confirm that you’ve read this before lodging.

Pay the court fees

What is the cost of divorce in WA? Although the filing process is slightly different, the fees are still set by the Family Court. In most cases, the fee to apply for divorce is $1,100, though some people may be eligible for a reduced fee of $365. You’ll have to provide evidence via an affidavit to get a reduced fee.

You are able to pay the application fee using a Visa or Mastercard. If you’re applying for a reduction of the filing fee, you’ll enter the fee number you’ve been provided when you lodge. 

If you’ve filed solely, serve your ex-partner

If you filed a sole application for divorce, you will also need to serve a copy of the application and all the related documentation on your ex-spouse. This can be done via post, via email, or by hand (but you cannot personally serve your ex-spouse yourself). The Court needs to be satisfied that your ex-spouse has been served, so personal service is recommended unless you are confident your ex-spouse will sign and return the Acknowledgement of Service after being served by email or post. If you file jointly, you don’t need to take this step. 

Check out our step-by-step guide for full details on how to serve your ex-partner. Once you’ve served your partner, you’ll have to provide evidence to the Court that you’ve done so. You can do this by e-lodging an Affidavit of Service and Acknowledgment of Service with the Court. There is also the Affidavit of Proof of Signature (or similar) if applicable. You will not be given a grant of divorce until this step is taken.

How long does a divorce take in WA?

Once you’ve passed the initial 12-month requirement, it generally takes a few months to get a divorce in Western Australia after lodging the application. Once the Family Court approves your divorce, it will then take one month and one day for the divorce to become final. At that stage, you’re welcome to remarry or simply move on with your life.

How to get a divorce certificate in WA?

To get a copy of your divorce certificate simply log into the eCourts Portal and click on eLodgment. You can then search for your matter or search by parties names, and once you find the correct matter, you can view the documents associated with that matter, including your divorce certificate. You can also download the pdf to your computer.

If you need additional help or instructions, see the eCourts Portal Help page. 

What to do if you can’t e-file

If you can’t use the online Portal system for filing your divorce application, get in touch with the Court by email or via phone at 08 9224 8222.

Getting help

The divorce process is usually straightforward, but that doesn’t mean that there won’t be challenges. Getting professional help can really help to make the process smooth and simple.

Our team are experts on all aspects of divorce in Western Australia. We can help you understand your rights, navigate the process and achieve the best divorce for you. And that will mean that you’re well prepared for the road ahead.

Request a call back from our friendly supportive team via the form below, or call us directly.