Resources & Guides

Divorce is the legal ending of a marriage. It does not cover:

• Property division (you need a separate financial application)
• Parenting arrangements (you need a separate parenting application)
• Spousal maintenance

Divorce only legally ends the marriage relationship.

No. You must be separated for at least 12 months before applying for divorce.

You can be separated and still living under the same roof, but you must show that the marriage relationship has broken down (separate rooms, separate finances, no social activities together, etc.).

Step 1: Complete the divorce application form on the eCourts Portal

Step 2: Pay the filing fee ($1,125 full fee or $375 concession)

Step 3: Print and sign the Affidavit for eFiling before an authorised witness

Step 4: Upload the signed affidavit

Step 5: Serve the application on your spouse (if sole application)

Step 6: Attend the hearing (if required)

Effective July 1, 2025:

• Full fee: $1,125
• Concession fee: $375 (for Pensioner, Health Care, or Commonwealth Seniors Card holders)

Payment is made by Visa or Mastercard through the eCourts Portal.

Timeline:

• Minimum 1 month + 1 day after filing before hearing
• Divorce order made at hearing (if approved)
• 1 month waiting period after order
• Divorce becomes final

Total time: Approximately 2-3 months from filing to final divorce.

The court must be satisfied that proper arrangements are in place for any children under 18. You'll need to provide details about:

• Living arrangements
• Parenting time
• Financial support
• Education and health

The court may ask you to attend the hearing to explain these arrangements.

A Family Violence Restraining Order (FVRO) is a court order designed to protect you and your family from violence, threats, or intimidation by a family member.

An FVRO can require the respondent to:

• Stop committing family violence
• Not contact you or your family
• Stay away from your home, work, or school
• Not come within a certain distance of you
• Surrender any firearms

Family members include:

• Spouse or former spouse
• De facto partner or former de facto partner
• Family member (parent, child, sibling, grandparent, etc.)
• Intimate personal relationship (current or former)
• Someone you're engaged or were engaged to marry

Family violence includes:

• Physical violence: Hitting, pushing, choking, or any physical harm
• Sexual violence: Forcing or coercing sexual activity
• Emotional/psychological abuse: Threatening, intimidating, or controlling behaviour
• Economic abuse: Controlling finances, preventing you from working
• Damaging property: Breaking things, harming pets
• Threatening behaviour: Making you fear for your safety

You do not need to be physically injured to apply for an FVRO.

You can apply:

• Online: Through the Magistrates Court eCourts Portal
• In person: At any Magistrates Court in WA
• Through police: Police can apply on your behalf in urgent situations

There is NO FEE to apply for an FVRO.

Yes. In urgent situations, the court can grant an interim (temporary) FVRO:

• Interim orders can be made within 24 hours
• Interim orders last until the final hearing
• Final hearing typically scheduled within 4-6 weeks
• Interim orders have the same legal effect as final orders

Breaching an FVRO is a criminal offence.

The court decides the duration based on your circumstances. An FVRO can be:

• Time-limited: Typically 1-2 years, can be extended
• Unlimited (indefinite): In serious cases, especially with history of violence

You can apply to extend or vary an FVRO before it expires.

A property settlement is the division of assets, property, and debts between you and your former partner. This includes:

• Real property: Houses, land, investment properties
• Financial assets: Bank accounts, superannuation, shares, investments
• Personal property: Cars, furniture, jewellery, collectables
• Business assets: Business interests, equipment, goodwill
• Debts: Mortgages, loans, credit cards

No. You can apply for property settlement while still married or at any time after divorce, but there are time limits:

• Married couples: Must apply within 12 months of divorce becoming final
• De facto couples: Must apply within 2 years of separation

Important: Extensions are possible but difficult. Apply as soon as possible.

No. There is no automatic 50/50 split. The court considers:

• Step 1: Value of the asset pool (all assets minus all debts)
• Step 2: Contributions - financial and non-financial
  • Income and wages
  • Homemaking and parenting
  • Assets brought into the relationship
  • Inheritances and gifts
• Step 3: Future needs
  • Care of children
  • Health and age
  • Earning capacity
  • Financial resources
• Step 4: Is the division just and equitable?

Yes. You can make a Binding Financial Agreement (BFA) or apply for Consent Orders:

• Binding Financial Agreement: Private agreement, each party needs independent legal advice
• Consent Orders: Agreement approved by the court, more cost-effective

Both are legally enforceable. Consent Orders are generally recommended as they're simpler and less expensive.

Parenting orders are court orders that set out arrangements for children, including:

• Who the child lives with: Can live with one or both parents
• How much time with each parent: Specific days, weekends, holidays
• Parental responsibility: Who makes decisions about education, health, religion
• Communication: Phone calls, video calls, letters
• Special conditions: Supervision, no contact, etc.

The court's primary consideration is the best interests of the child. This includes:

• Benefit of meaningful relationship with both parents (if safe)
• Protection from harm: Physical, psychological, family violence
• Child's views: Depending on age and maturity
• Child's relationship with parents, siblings, grandparents
• Parents' capacity to meet the child's needs
• Practical arrangements: Distance, school, work

Not always. You should try to reach agreement through:

• Parenting plan: Written agreement, not court-enforceable but shows genuine attempt
• Family Dispute Resolution (FDR): Mediation with accredited practitioner (usually required before court)
• Consent orders: Agreement approved by the court, legally enforceable

Court should be a last resort when you cannot agree or there are safety concerns.

Family Dispute Resolution (FDR) is mediation to help parents reach agreement about children. It's:

• Confidential: What's discussed doesn't go to court
• Voluntary: Both parties must participate willingly
• Child-focused: Decisions based on children's best interests
• Usually required: Must attend FDR and get a certificate before applying to court (unless urgent safety concerns)

You can access FDR through Family Relationship Centres or private practitioners.

Child support is financial support for children and is separate from parenting arrangements:

• Child Support Agency: Calculates and manages child support (Services Australia)
• Private agreement: You can agree on an amount (should exceed Services Australia calculation)
• Court orders: Court can make orders for child support in special circumstances

Contact Services Australia: 131 272 or visit servicesaustralia.gov.au

A written statement of facts that you swear or affirm is true. Must be signed before an authorised witness (Justice of the Peace, lawyer, or court registrar).

The person who applies to the court for an order. In divorce, this is the person who files the application.

Court orders made by agreement between parties. You both agree on the terms and the court approves them if fair and proper. Legally enforceable once approved.

A relationship between two people who live together as a couple but are not married. Generally must have lived together for at least 2 years (or less if there's a child).

A temporary court order made until a final order is decided. Common in FVRO matters and urgent parenting situations.

All duties, powers, responsibilities, and authority that parents have regarding their children. Includes making decisions about education, health, religion, and major life matters.

The person against whom an application is made. In an FVRO, this is the person the order is sought against.

When parties decide the relationship is over and at least one intends to permanently separate. Can be separated while living under the same roof if the relationship has broken down.

Certificate from a Family Dispute Resolution practitioner confirming you've attended mediation (or exemption). Usually required before applying to court for parenting orders.