Divorce

A divorce order made by the Court legally dissolves a marriage. Parties may apply for divorce after being separated for at least 12 months, through the Family Court of Western Australia.

Australian law follows the principle of no-fault divorce, meaning the Court does not consider the reasons why the marriage ended. The only requirement is that the parties have been separated for at least 12 months and there is no reasonable likelihood of reconciliation.

A divorce application may be filed as either:

• A  joint application (by both parties), or
• A sole application (by one party, which must then be served on the other      party in accordance with the Family Court Rules 2021).

Requirements for Divorce

• Separation: The parties must be separated for at least 12 months, whether living apart      or under the same roof.
• Residency: Either or both parties must be an Australian citizen, regard Australia as      their home, or ordinarily reside in Australia.
• Children: If there are children under 18, the Court requires details about their      care, maintenance, and welfare or a valid reason why no arrangements have      been made.
• Service of Application: If only one party applies, the application must be      served on the other party in accordance with the Family Court Rules      2021.
• Separation under One Roof: If the parties remained living together during      separation, the applicant(s) must file an affidavit. An additional      supporting affidavit from a third party (such as a family member or      friend) is also required.

Divorce Hearings

Since 1 June 2025, attendance at divorce hearings is generally not required, even where there are children under 18 years of old f the application is filed online and the applicant has opted for it to be determined in their absence.

Attendance may still be required if:

• You have not chosen for the application to be dealt with in your absence,
• The Court requests further information,
• Your  spouse files a Response to an Application for Divorce, or there are exceptional circumstances.

Note: A divorce order only dissolves the marriage. It does not resolve financial or parenting matters, which must be dealt with separately.

Important to remember – Effective date of divorce:

• A divorce becomes effective 1 month and 1 day after the Court makes      the order.
• If  you wish to apply for property or financial orders, you must do so within 12      months of the divorce becoming final. After that period, you will need      the Court’s permission to proceed.