Our advertised fees are for straightforward applications. They do not include the Family Court of Western Australia filing fee or government charges such as certificate of title searches which we charge at cost. If your application is complex or if you require additional legal advice or assistance we will give you a quote for our services. For full terms see our Product Disclosure Statement.

The Family Court will generally require you to file a certificate to confirm you have had marriage counselling. Otherwise the application proceeds as usual.

You can make a sole application for divorce and serve the documents on your spouse. Your spouse will have the opportunity to object to the application. If the application is properly prepared and served and there is no objection, the Court will grant the divorce without the consent of your spouse.

There is no legal requirement to divorce. You may remain separated, but still legally married, indefinitely– that is, until one partner dies or applies for a divorce. However, you must divorce before you can marry again.

You will need to satisfy the Court that proper arrangements have been made for all children who were treated by you and your spouse as a child of your family at the separation date and who are under 18. Your application should include details of those arrangements – such as housing, education, supervision and health.

You may apply for a divorce without a lawyer. Likewise, your spouse is entitled to obtain independent legal advice, however this is not required. You will need time to go to the Family Court and prepare the necessary documents. Many people find it more convenient to have a lawyer do the work.

As a general rule, you must be separated from your spouse for at least 12 months before you can apply for divorce. Learn more about separation – see Family law myths, busted.

You may be separated and still living under the same roof as a spouse, although the Court will require detailed evidence of these arrangements.

You may resume your relationship once for up to three months during the separation period but you must still have been separated for 12 months in total before you can apply.