You can apply for a divorce in the Family Courts if you have been separated for 12 months and there is no chance of you and your ex-partner getting back together.
For more information on how to get divorced, see what needs to happen before I can get a divorce and get legal advice.
See resources for other information including divorce application forms and guides.
- No. You must be separated from your husband or wife for at least 12 months before you can apply for a divorce. See what needs to happen before I can get a divorce?
- No. You must be separated from your husband or wife for at least 12 months before you can apply for a divorce. See what needs to happen before I can get a divorce?
To get a divorce, you need to prove to the Family Courts that:
- you were legally married—you can prove this by providing your marriage certificate. If you don’t have your marriage certificate, get legal adviceACTNSWNTQldSATasVicWA
- your marriage has ended and there is no chance that you will get back together
- you have been separated for 12 months before you applied for the divorce
- either you or husband or wife are an Australian citizen, a permanent resident or have been living in Australia for at least 12 months before you applied for the divorce. You can apply for a divorce if you were married overseas
- if you have children, there are care arrangements in place for your children. This does not have to be a Parenting Order.
To get a divorce, you need to prove to the Family Courts that:
- you were legally married—you can prove this by providing your marriage certificate. If you don’t have your marriage certificate, get legal adviceACTNSWNTQldSATasVicWA
- your marriage has ended and there is no chance that you will get back together
- you have been separated for 12 months before you applied for the divorce
- either you or husband or wife are an Australian citizen, a permanent resident or have been living in Australia for at least 12 months before you applied for the divorce. You can apply for a divorce if you were married overseas
- if you have children, there are care arrangements in place for your children. This does not have to be a Parenting Order.
To get a divorce, you need to prove to the Family Courts that:
- you were legally married—you can prove this by providing your marriage certificate. If you don’t have your marriage certificate, get legal adviceACTNSWNTQldSATasVicWA
- your marriage has ended and there is no chance that you will get back together
- you have been separated for 12 months before you applied for the divorce
- either you or husband or wife are an Australian citizen, a permanent resident or have been living in Australia for at least 12 months before you applied for the divorce. You can apply for a divorce if you were married overseas
- if you have children, there are care arrangements in place for your children. This does not have to be a Parenting Order.
To get a divorce, you need to prove to the Family Courts that:
- you were legally married—you can prove this by providing your marriage certificate. If you don’t have your marriage certificate, get legal adviceACTNSWNTQldSATasVicWA
- your marriage has ended and there is no chance that you will get back together
- you have been separated for 12 months before you applied for the divorce
- either you or husband or wife are an Australian citizen, a permanent resident or have been living in Australia for at least 12 months before you applied for the divorce. You can apply for a divorce if you were married overseas
- if you have children, there are care arrangements in place for your children. This does not have to be a Parenting Order.
- Family Court of WA – How to make a divorce application?
- Family Court of WA – Divorce
- Family Court of WA – Married less than two years
- Family Court of WA – Separation under one roof