Step 1 – Separation Date
You can file a divorce application if you have separated and lived separately and apart for a continuous period of not less than 12 months immediately before filing your application.
Step 2 – Do I file a Joint or Sole Application for Divorce?
You may file a joint application if the other party agrees to do so. This will save the cost of having to serve the application. It will also save the cost and inconvenience of having to attend a hearing in open court to hear your application.
If the other party will not agree to jointly obtain a divorce, you will have to file a sole application and incur the cost of serving the application by a process server or third party, unless the other party’s lawyer agrees to accept service on his or her behalf. It will be necessary to attend a hearing at the Family Court of Western Australia if you have children under 18 years of age.
Step 3 – Prepare your documents
All divorce applications are filed electronically on the Western Australian eCourts portal.
You can try to do this yourself or provide us with relevant information so we can prepare your application.
The Family Court will list your application for hearing in open court or for determination in chambers approximately 8 – 12 weeks after eFiling the application.
You must serve a sealed sole divorce application upon the other party at least 28 days before the hearing date (within Australia) OR within 42 days prior to the hearing date (if overseas).
Step 4 – Divorce Hearing Date
If your application is correct and you have proved service, the Court may grant your divorce. The order will take effect 1 month and 1 day after the order was made. The Family Court will upload your sealed divorce order into the eCourts Portal after the expiry of this time.
You cannot remarry within this period.
Step 5 – Next Steps
You have the right to file an application for property settlement or spousal maintenance within 12 months from the date your divorce order became effective. You can file your application outside this 12-month time limit only if you can obtain leave (permission) from the Court to do so. You will need to explain the reason for your delay and show that you will suffer hardship if you cannot file your application. It is far preferable to file your application within the 12 month time limit to avoid the cost of having to apply for leave and the risk that the Court may not grant you permission.
