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To apply for divorce in Western Australia, you must meet certain eligibility criteria and residency requirements. You can apply for divorce online through the eCourts Portal of WA or prepare your own divorce application. If you are making a joint application with your spouse, you do not need to serve the application, but both of you will need to prepare separate affidavits. If you are filing a sole application, you will need to arrange to serve a copy of your application to your spouse. You will also need to provide evidence to the Court that your marriage has broken down irretrievably and that you have been separated for at least 12 months. It is important to note that divorce does not include issues relating to property, finances, or children, and separate arrangements must be made.
| Characteristics | Values |
|---|---|
| Divorce Laws | No-fault divorce |
| Residency Requirements | Must be an Australian citizen, have lived in Australia for at least the last 12 months, or meet other eligibility criteria |
| Separation Requirements | Must be separated from spouse for at least 12 months, with some exceptions for living under the same roof |
| Application Process | Complete Form 3 – Application for Divorce, provide evidence of separation if required, file application online or with a lawyer, serve application to spouse if sole application |
| Fees | Filing fee required, with potential reductions for financial hardship |
| Children and Property | Divorce does not determine parenting, property, or financial arrangements; separate applications required |
| Counselling | Counselling certificate no longer required as of 10 June 2025; affidavit explaining reasons for not attending counselling may be needed |
| Response from Spouse | Spouse may file a Response to Divorce if they oppose it; very few valid reasons for opposition |
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What You'll Learn
Residency requirements
To apply for a divorce in Western Australia, you must meet the residency requirements. This means that either you or your spouse must meet one of the following criteria:
- You regard Australia as your home and intend to live there indefinitely.
- You are an Australian citizen by birth or descent.
- You are an Australian citizen by grant of Australian citizenship.
- You have lived in Australia for at least the last 12 months before filing for divorce. This can be proven with a passport showing the date of arrival at least one year prior or a valid current visa.
If you are relying on citizenship or valid visa entitlements to prove your residency, you will need to provide a copy of your passport, including the relevant information such as the date of arrival at least one year prior or a valid current visa.
It is important to note that getting married in Australia is not enough to apply for a divorce in the country. You must meet at least one of the residency requirements listed above.
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Separation requirements
To apply for a divorce in Western Australia, you must meet the separation requirements. This means that you and your spouse must have been separated for at least 12 months before making an application for divorce. The date of separation is important as it determines the timeframe within which you can apply for a divorce and can also affect property or parenting orders. It is a good idea to record the date of separation and keep a diary of significant events such as changes to living, parenting, or financial arrangements.
It is important to note that you do not need to be physically separated from your spouse for the entire 12-month period. Australian law recognizes 'separation under one roof', which means that spouses can live in the same house but are considered separated because their relationship has broken down. However, if you are separated under one roof, it is recommended that you seek legal advice.
To demonstrate that your marriage has irretrievably broken down, you must show that there is no likelihood of resuming married life. This can be done by providing evidence of the separation date and any changes in living arrangements. It is not necessary to provide other evidence unless your spouse disputes the separation date.
If you have been married for less than two years, there was previously a requirement to attend counselling and provide a certificate to the court. However, as of 10 June 2025, this requirement has been removed, and you can proceed with your divorce application without counselling.
It is important to remember that a divorce does not resolve issues related to property or children. If you want to make arrangements for these matters, separate applications must be made.
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Preparing the application
To prepare the application, you must first ensure that you meet the divorce requirements. This includes being separated from your spouse for at least 12 months before making the application, and there being no chance of reconciliation. You must also meet the residency requirements, which include being an Australian citizen or living in Australia for at least the last 12 months.
If you meet the divorce requirements, you can proceed to complete the Family Court's Form 3 – Application for Divorce. You will need to provide certain evidence of your separation to the Court, such as acting in a way that indicates to friends, family members, neighbours, and employers that you have separated and your marriage has ended. You will also need to provide evidence of any children under 18, including proof that you have made arrangements for their day-to-day care, maintenance, and other parental responsibilities.
If you are filing a sole application, you will need to arrange for your spouse to be served with a copy of the application and the Marriage, Families and Separation brochure. You will need to provide evidence to the Court that your spouse has been served and received the application, usually by filing an Affidavit of Service. You will also need to complete an affidavit for yourself, which is a written and sworn statement that can be used as evidence in court. If you are unable to attend counselling, you must explain this in your affidavit, including any attempts you made to invite your spouse and any special circumstances, such as a history of violence or abuse.
If you are filing a joint application, you do not need to serve the application to your spouse. However, you will both need to prepare separate affidavits and swear them before an authorised witness, such as a Justice of the Peace or lawyer. You will also need an affidavit from an independent third party. After your affidavits have been sworn, you will need to scan and upload them to the eCourts Portal.
Once you have completed and submitted your application, your spouse may file a Response to Divorce if they oppose the divorce. However, there are very few valid reasons to oppose a divorce, and the Court does not consider why the marriage ended. After your spouse has had the opportunity to respond, the Court will consider your application.
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Serving the application
Sole Application
If you are filing a sole application, you must arrange to serve a copy of your application and the Marriage, Families, and Separation brochure to your spouse. This service must be completed by an authorised individual, and they will need to fill out an Affidavit of Service. You will also need to provide additional documents to prove that the application has been served to and received by your spouse. This can be done by elodging the Affidavit of Service with the court.
Joint Application
If you are filing a joint application with your spouse, you do not need to serve the application. However, both you and your spouse will need to swear an affidavit. After the affidavit has been sworn, scan the sworn copy and upload it to the eCourts Portal.
Timeframes
It is important to serve your spouse within the specified timeframes. If your spouse lives in Australia, you must serve them at least 28 days before the divorce hearing. If they live overseas, you must serve them at least 42 days before the hearing. Failure to serve your spouse within these timeframes may result in the court adjourning your hearing to allow your spouse time to consider the application.
Response to Divorce
After you have filed and served your application, your spouse has the opportunity to file a Response to Divorce if they oppose it. However, there are very few valid reasons to oppose a divorce under Australian law, mainly if proper proof of separation cannot be provided.
Proof of Separation
To satisfy the court that your marriage has broken down irretrievably, you must provide evidence of separation. This can include acting in a way that indicates to friends, family, neighbours, and employers that you have separated, such as not socialising or entertaining together. It is important to note that you must be separated for at least one year before applying for divorce, and the court recognises ''separation under one roof', where spouses live in the same house but are separated.
Counselling Requirements
Previously, if your marriage lasted less than two years, you had to attend counselling or provide special reasons for the divorce. As of 10 June 2025, this requirement has been removed. However, if you cannot attend counselling, you must file an affidavit explaining the reasons and any special circumstances, such as a history of violence or abuse in the marriage.
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Court considerations
Firstly, the Court does not consider why the marriage ended. Australia has 'no-fault' divorce laws, meaning neither spouse needs to show that one party was at fault for the breakdown of the relationship. The Court does not need to know why the relationship has broken down.
Secondly, the Court needs to be satisfied that the marriage has "broken down irretrievably". This means that the spouses have separated, and there is no chance of reconciliation. The couple must have been separated for at least 12 months before making an application for divorce. This separation can occur under one roof, where spouses continue to live at the same address but live their lives separately. In this case, the applicant will need to file a sworn statement explaining their reasons for considering the date of separation as the "date of separation".
Thirdly, the Court requires proof that the marriage was legally recognised in Australia. The Court cannot dissolve a marriage that has no legal proof, even if the marriage is recognised in another country.
Fourthly, if the marriage lasted fewer than two years, the couple must attend counselling to discuss the possibility of reconciling. They must provide the Court with an Attendance at Counselling Certificate. If counselling is refused or one spouse cannot be located, an affidavit must be filed seeking the Court's permission to proceed with the divorce application.
Finally, the Court will consider whether there are children under 18 involved, and if so, whether proper arrangements have been made for their care, maintenance and other aspects of their day-to-day lives. The divorce application does not finalise any arrangements regarding children, finances or property, and separate applications will need to be made for Court Orders in these areas.
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