Initiating an application for divorce in Western Australia

Applying for a divorce can be an experience to navigate. Ensuring that your application starts correctly can set the tone for the rest of the divorce proceedings and beyond.

To obtain a divorce in Western Australia—or any other state—a divorce application needs to be the first step. Australia introduced the ‘no-fault divorce’ as an added clause in the 1975 Family Law Act. This means that spouses only need to convince the family court that they’ve been separated from their spouse for at least one year. This can even include married couples who are separated but continue to live under the same roof.

The spouses will also need to prove that there’s no chance of reconciliation. The court will not take into account the reason for separation or end of the marriage. If you’re in Western Australia and you want to start divorce proceedings, then ensuring you have a marriage certificate is crucial.

As mentioned earlier, in Western Australia, divorce proceedings are handled by the Family Court of Western Australia and there are important elements to consider for non-contentious separation.

How to start your application for divorce in Western Australia

If you’re considering starting your application for divorce, here’s how you can get started.

01

Sole vs. joint divorce application

In Western Australia, divorce needs to go through the legal system, but whether or not couples physically appear in court depends on their unique situation. Ex-spouses can apply for a divorce through the sole (where one party applies for divorce alone and serves the other party) or joint (where both parties serve the documents together) divorce application.

Before the divorce is granted, the court will ensure that the other party has been served and informed of the divorce application. Once this is done, a court hearing may follow.

02

Preparation of documents

When filing for divorce both parties need to provide several documents including the Ceremonial certificate for couples who are married in Australia, a translated marriage certificate (applicable only if the marriage certificate isn’t in English), and the Births, Deaths, and Marriage Certificate or the local equivalent for couples who are married outside of Australia.

Divorce in Western Australia doesn’t require the consent of both parties and if one party satisfies the court’s requirements then the divorce may be granted.

03

Divorce costs

Similar to the Federal Circuit and Family Court of Australia (FCFCOA), in 2022 the cost of getting a divorce was $990 in Western Australia. But if couples are experiencing financial limitations, then they are entitled to a reduced fee of just $330.

This is an important step when starting the divorce process to ensure that you have the best chance of getting a divorce with less hassle and faster legal processes.

 

Time limits on divorce in Western Australia

When applying for divorce in Western Australia, there may be certain time limits that applicants need to consider at different stages of the process.

Parenting orders for children under 18

For parties planning to secure parenting procedures, there are no time restrictions imposed in Western Australia, but ex-spouses can request parenting orders for children under 18 years of age.

Property settlement and maintenance

Ex-spouses who are looking for property settlement and spousal maintenance order proceedings must do so within 12 months after the divorce, therefore, the court needs to approve the divorce first.

Expiration of time limits and deadlines

When it comes to property settlement and spousal maintenance, the court may grant permission to begin proceedings after the deadline has expired if both parties agree to extend the time limits.

How Simple Separation makes the process easier

We understand that divorce can be riddled with emotional complexities and that support is something that people require to make it a simple and amicable process.

Divorce Questionnaire

Complete our simple divorce questionnaire and upload it with the relevant supporting documents. We will draft the application and send it back for your immediate review.

Print and Sign

Once the application is approved it will be sent to you to be printed and signed. Your application must be witnessed before an approved witness or a Justice of the Peace.

Filed in Court

Your divorce application is filed in court. Our solicitor will attend the hearing on your behalf and your divorce order will be ready one month and one day after the hearing.

Allow Simple Separation to start your divorce application in Western Australia

 Frequently asked questions

  • If you’ve been married for less than 2 years, including the 12 months of separation, then you’ll need to attend counselling and get a certificate showing that you’ve tried counselling and present the certificate when applying for a divorce.

    You could be given an exemption from counselling in certain cases like domestic abuse.

  • You can object if you meet one of the two requirements below:

    • You and your ex-spouse haven’t been separated for 12 months at the point of filing the divorce application

    • The court doesn't have jurisdiction to grant the divorce

    If your ex-spouse applies for divorce and you want to contest it, then getting legal advice is the best way to move forward.

  • You will need to attend a court hearing if:

    • You or your ex-spouse has made a sole application for divorce and you have children under the age of 18—biological, adopted, or stepchildren. They will want to see that you’ve made the necessary arrangements for them before a divorce is granted.

    • You or your ex-spouse lodge a response with the court contesting the divorce. If you fail to attend the hearing the court has the freedom to decide without your presence.

Starting the separation process doesn’t always have to be another cost to think about.

 

Book a free 30 minute consultation with us at Simple Separation today to find out why we provide one of the most affordable separation and divorce methods available.