Applying for a divorce
A divorce formally ends a marriage. You can apply for a divorce if you meet the divorce requirements. This page has information about the application process, and the before you apply section has information about divorce orders.
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Divorce applications are made online through the eCourts Portal of Western Australia. This page gives an outline of the process. You need to:
Note that the process is different if you make a joint application. Joint applications don't need to be served, and your application will be heard more quickly. |
Prepare your documents
To make your application, you'll need access to a printer, scanner and a visa or mastercard. If you don't have a credit card, you can buy a pre-paid debit card through Australia Post.
There are certain documents you need to file with your divorce application.
All applicants need to file a copy of their marriage certificate, and there may be other documents depending on your circumstances. The marriage certificate you provide is not required to be an original or certified copy.
You can provide:
- the ceremonial certificate, if you were married in Australia, or
- a certificate provided by Births, Deaths and Marriages (or the local equivalent if you married outside Western Australia).
Circumstances requiring additional documents include when:
- your marriage certificate is not in English
- you were separated under one roof
- you are relying on citizenship or visa residency requirements, or
- you have been married for less than two years.
The additional divorce application requirements page has more information.
Complete the application on the eCourts Portal of Western Australia
After preparing your documents, register for the eCourts Portal.
After registering and signing in:
- Select Family Court of WA in the Assisted Lodgment box.
- You will be re-directed to the Lodge an Application page, select ‘Divorce’ for the type of orders you are seeking.
- Select Start Application and confirm you have read and understood the eLodging information.
- Complete Parts A to G of the online interactive form. There is help provided as you move through the application. You can save each part as you proceed.
- Once you have reached Part H of the form, scroll to the bottom of the page and select the option Preview. A zip folder will open on your computer, containing a draft copy of your divorce application. Ensure you select the option Save for later before exiting the screen.
Print and sign your application
The next step is to print a copy of your completed application and a blank Affidavit for eFiling Application (Divorce) (see downloads below), and then sign the affidavit before an authorised witness, who is usually a Justice of the Peace or lawyer. You MUST take the printed copy of your completed application to show the authorised witness when you sign your affidavit.
The affidavit page has more information on having documents sworn. Parties are advised that witnesses such as a police officer, pharmacist or teacher are not authorised witnesses unless they are also a Justice of the Peace.
If you are filing a joint application, both you and your spouse will need to swear the affidavit.
After your affidavit has been sworn, scan the sworn copy and upload it to the eCourts Portal.
Finalise your application
After your affidavit has been sworn, navigate back to Part H of your saved application and complete the following:
- If you have applied for a reduction of the filing fee, enter the FEE number you have been provided.
- Confirm you have downloaded the Marriage, Families and Separation brochure.
- Upload a copy of your Affidavit for eFiling and enter the date it was sworn.
- Select Lodge.
Pay the Application fee
You can pay the application fee using a Mastercard or Visa credit/debit card.
Print the application
Print the document ready for service (sole application) and print a copy for your own records if required.
Serve the application
If you are filing the application on your own (a sole application) then you will need to arrange service of a copy of your application, and the Marriage, Families and Separation brochure, on your spouse. The person who served the application will need to complete an Affidavit of Service. There are additional documents you will need to file to prove service of the application on the other party. See below and the serving a divorce application page for more information.
If you are making a joint application with your spouse, you do not need to serve the application.
eLodge Service documents
You will have to provide evidence to the Court that the application has been served on and received by your spouse. This is done by elodging the Affidavit of Service with the court. You will also need to corroborate service, by completing and elodging an affidavit confirming the person served was your spouse. See the serving a divorce application page for more information. Your divorce application is unlikely to be granted unless documents confirming proper proof of service have been lodged.
Next steps
The next steps depend on whether you are making a sole or joint application.
Sole application
After you have filed and served your application, your spouse may file a Response to Divorce if they oppose the divorce. There are very few valid reasons to oppose a divorce. The main reasons are that:
- you have not been separated for 12 months, or
- the court does not have jurisdiction to deal with the application.
See responding to a divorce application for more information.
After your spouse has had an opportunity to respond, the Court will consider your application. See the divorce cases page under Using the Court for more information, including whether you will need to attend court.
Joint application
If you are making a joint application, the Court will begin considering your application after it has been filed. See the divorce cases page under Using the Court for more information, including whether you will need to attend court.
What happens if I cannot eLodge my application?
If you are unable to eLodge, contact the Court by email or the Call Centre on 08 9224 8222 for information about what you can do.
Last updated: 1-Mar-2024
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