How to file for divorce in Western Australia
Western Australia is the only state with its own family court. Divorce applications for WA residents are filed in the Family Court of Western Australia, not the FCFCOA. You must be separated for at least 12 months, complete an Application for Divorce, pay the filing fee, and (for sole applications) serve the other party. The divorce is usually granted 4-6 months after filing.
The framework
Divorce itself is governed by the Family Law Act 1975 (Cth), Part VI, because divorce is a Commonwealth head of power. However, WA did not refer family law to the Commonwealth, so divorce applications are heard by the Family Court of Western Australia under the Family Court Act 1997 (WA). Section 48 of the Family Law Act provides the 12-month separation ground.
The process
Confirm 12 months separation
You must have been separated for at least 12 months and one day before filing. Separation under one roof is accepted with affidavit evidence.
Confirm WA is the correct court
If you or your spouse is ordinarily resident in WA, file in the Family Court of Western Australia rather than the FCFCOA.
Choose sole or joint application
Joint applications are filed together and do not require service. Sole applications must be served on the other party.
Complete the Application for Divorce
Download the Application for Divorce from the Family Court of WA website. Provide marriage details, separation date, and children of the marriage arrangements.
Prepare supporting documents
Attach a certified copy of the marriage certificate (and English translation if needed). Prepare a separation under one roof affidavit if you stayed at the same address.
File the application
File electronically via the eCourts Portal of WA or in person at the Family Court of WA registry in Perth. Pay the filing fee on lodgement.
Pay the filing fee
The Family Court of WA charges a filing fee for divorce. Fee reduction is available for concession card holders and applicants in financial hardship.
Serve a sole application
Service must occur at least 28 days before the hearing (42 days if the respondent is overseas). The applicant cannot serve the documents personally.
Attend the hearing if required
Attendance is required if there are children of the marriage under 18. Otherwise attendance is optional. Hearings can proceed by phone.
Receive the divorce order
If the court is satisfied, the divorce is granted. The order takes effect one month and one day after the hearing. Download the certificate from the portal.
Forms and templates
- Application for Divorce
- Affidavit for Separation Under One Roof (if applicable)
- Affidavit of Service (for sole applications)
Common mistakes
- Filing in the FCFCOA instead of the Family Court of WA
- Filing before 12 months separation is complete
- Providing an uncertified copy of the marriage certificate
- Missing the service deadline for sole applications
- Failing to show arrangements for children under 18
Get this process right with Quillio
Quillio drafts Family Court of WA divorce applications and supporting affidavits, handling the differences between WA and FCFCOA procedure. See /practice-areas/family-lawyers.
General procedural information only — not legal advice. Always verify current Family Court of WA rules and fees before filing, and obtain independent legal advice for contested matters.
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