How to Apply for Divorce in WA: Step-by-Step Filing Process

Western Australia is the only Australian state with its own independent Family Court. That means the national Commonwealth Courts Portal doesn't work here — every WA divorce application goes through the WA eCourts Portal at ecourts.justice.wa.gov.au. If you've been googling "apply for divorce" and landing on federal guides, none of those steps apply to you.

Here's exactly how the process works, from eligibility through to your divorce order.

Eligibility: What You Need Before You Start

You can apply for divorce in WA once you've been separated for at least 12 months and one day. The day of separation itself doesn't count — you file on the day after the one-year anniversary.

At least one spouse must meet one of three residency tests at the time of filing:

• Hold Australian citizenship (by birth, descent, or grant)
• Be domiciled in Australia (regard it as your permanent home)
• Have ordinarily resided in Australia for the 12 continuous months before filing

If you were born overseas, you'll need to upload your citizenship certificate or a current passport with visa and entry stamp proving 12 months' continuous residence through the eCourts Portal.

An important update: since June 2025, couples married less than two years no longer need a counselling certificate. That mandatory pre-filing requirement was abolished by the Family Law Amendment Act 2024.

The Filing Process: eCourts Portal Walkthrough

Filing isn't a simple upload-and-submit. It's a multi-step loop with a physical signing requirement in the middle:

1. Register on the eCourts Portal — create an individual account with email and mobile verification
2. Start the application — select "Assisted Lodgment," then "Family Court of WA," then "Divorce"
3. Complete Parts A through G — personal details, marriage details, separation date, and (if applicable) Part F covering arrangements for children under 18
4. Stop at Part H — preview your draft application, download the ZIP folder, and save for later
5. Print and swear the Affidavit for eFiling — this is the step that trips people up. You must print the blank affidavit, take it to a Justice of the Peace or practising lawyer, sign it in their presence, and have them witness every page
6. Scan and re-upload — log back in, go to Part H, upload the scanned sworn affidavit
7. Download the Marriage, Families and Separation brochure — this is mandatory. The portal requires you to confirm you've downloaded it before lodging
8. Pay the filing fee — A$1,170 standard or A$390 reduced (via Visa or Mastercard on the portal)
9. Download your stamped application — the portal generates a court-sealed Form 3 with your hearing date

A critical warning: police officers, teachers, and pharmacists cannot witness your affidavit unless they are also registered Justices of the Peace. An application sworn before an unauthorized witness gets rejected, and you'll need to re-witness and re-upload.

What Is the Marriage, Families and Separation Brochure?

The "Marriage, Families and Separation" brochure is an official publication from the Family Court of Western Australia. It covers support services, dispute resolution options, and the legal effects of divorce on property and parenting arrangements.

You must download this brochure during the filing process — the eCourts Portal won't let you lodge without confirming you have it. If you're filing a sole application, you also need to include it in the document package you serve on your spouse alongside the stamped Form 3 and sworn affidavit.

After You File: Service and the Divorce Order

For joint applications, no service is required. The magistrate reviews your file in chambers — neither party attends court.

For sole applications, you must serve the stamped Form 3, sworn affidavit, and the Marriage, Families and Separation brochure on your spouse. Service must be done by an independent third party (you cannot do it yourself) at least 28 days before the hearing date if your spouse is in Australia, or 42 days if overseas. After service, upload the completed Acknowledgement of Service (Form 6) and Affidavit of Service (Form 7) to the portal.

Once the magistrate grants the divorce order, it becomes final exactly one month and one day later. Only then can you download your Certificate of Divorce from the eCourts Portal.

Get the Complete WA Filing Roadmap

The process has more moving parts than most people expect — the print-sign-scan loop, authorized witness rules, and strict service deadlines can all cause delays if you miss a step. The Western Australia Divorce Filing Process Guide walks you through every screen of the eCourts Portal with the exact sequence, timeline calculations, and document checklists so nothing gets rejected.

See more Western Australia guides →