Family law in WA: parenting, property and divorce
Choose the step you need, check the deadline and prepare the right documents. Divorce, arrangements for children and a property settlement are separate decisions. This guide explains the WA rules and when to get help.
Key points
- For divorce, you normally need at least 12 months of separation. The WA court filing fee is $1,170 from 1 July 2026, or $390 if you qualify for the reduced fee.
- Property and maintenance applications usually have a 12-month limit after a divorce takes effect, or a two-year limit after a de facto relationship ends. Exceptions can apply; check before the deadline.
- Children’s best interests govern parenting orders. There is no current presumption of equal shared parental responsibility and no automatic right to equal time.
- WA de facto property claims use the Family Court Act 1997 (WA). Do not assume every federal property reform applies to them.
- If you or a child is in immediate danger, call 000. If served with an interim FVRO, follow it and check the 21-day objection deadline.
- Legal Hotline’s free information line is 1800 951 176. A $295 arrangement fee includes an initial one-hour lawyer consultation; see what to prepare.
In Western Australia, Family Law Act 1975 section 44 generally allows 12 months after a divorce takes effect to start property or maintenance proceedings, while Family Court Act 1997 section 205ZB generally allows two years after a de facto relationship ends, subject to statutory exceptions.
Checked on 23 October 2026: the current Commonwealth Family Law Act, WA Family Court Act and Restraining Orders Act, Family Court of WA guidance and fees, and Legal Aid WA. Sources and limits of this check.
Which family law step do you need?
The Family Court of Western Australia handles married and de facto matters. The governing law differs: federal law generally covers married financial matters and children of marriages; WA law covers never-married parents’ parenting disputes and de facto property and maintenance. Special federal rules also allow WA de facto superannuation splitting.
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| Your situation | Next step | Prepare |
|---|---|---|
| You agree about children | Consider a parenting plan or apply for consent orders. A parenting plan is not enforceable like a court order. | The proposed arrangements, existing orders and any safety concerns. |
| You disagree about children | Usually try accredited family dispute resolution, or establish an exemption before a contested application. | Current care arrangements, disputed issues, relevant evidence and any FDR certificate. |
| You need to divide property or seek maintenance | Check the filing limit, exchange financial information and obtain advice before formalising an agreement. | Assets, debts, superannuation, income, contributions and key relationship dates. |
| You want the marriage legally ended | Check divorce eligibility and use the WA eCourts Portal application process. | Marriage certificate, separation date and any additional evidence required. |
| A child may be removed or someone is unsafe | Seek urgent court or legal help; call 000 for immediate danger. | Existing orders, child details, whereabouts if known and evidence explaining urgency. |
Property deadlines: married and de facto couples
You can address property before divorce. Do not treat ongoing negotiations as extending a filing deadline. Family Law Act section 44 and WA Family Court Act section 205ZB contain the relevant limits and exceptions.
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| Relationship | Usual filing limit | If the deadline has passed |
|---|---|---|
| Married, divorce has taken effect | 12 months after the divorce took effect, not after separation or the hearing. | Both-party consent or court leave may permit a late application; special agreement-related rules can also matter. |
| WA de facto relationship has ended | 2 years after the relationship ended. | Both-partner consent or hardship leave may apply; section 205ZB also provides a 12-month period after a relevant financial agreement is set aside or found invalid. |
These are general domestic rules, not a decision about your limitation date. Foreign divorces, agreements and existing proceedings need individual advice. If late, seek advice promptly rather than assuming every right has been lost.
What affects a WA property settlement?
There is no automatic 50/50 property split. The court considers the property and debts, financial and non-financial contributions, homemaking and parenting, relevant needs and whether orders are just and equitable. Leaving the family home does not by itself remove your entitlement to a property share; safety and arrangements for children are separate issues.
WA de facto applicants must satisfy both the relationship and WA-connection requirements. Under sections 205Z and 205X, a relationship of at least two years is one route; shorter relationships can qualify under specified child/serious-injustice or substantial-contribution/serious-injustice grounds. Residence and contributions in WA also matter.
For the alternative WA-connection test, the current section 205X refers to substantial WA contributions by the applicant. An older court webpage says either partner; this guide follows the Act. Do not assume the federal property amendments that began in June 2025 all apply to WA de facto cases.
Before a contested financial case, disclosure and attempts to resolve the dispute usually form part of pre-action procedures. Exceptions can apply for violence, urgency or other specified circumstances. Get advice before signing a settlement or transferring property.
Parenting orders, mediation and the changed law
The old equal-shared-parental-responsibility presumption has been removed. The federal parenting reforms began on 6 May 2024; corresponding WA reforms for never-married parents began on 10 February 2025, subject to transitional rules for trials already underway. The court decides arrangements by the child’s best interests, including safety. Existing orders still apply unless lawfully changed.
A parenting plan records an agreement but is not legally enforceable in the same way as a parenting order. Consent orders require court approval. Joint decision-making and the time a child spends with each parent are different questions.
Most contested applications require accredited family dispute resolution first. The court’s FDR guidance distinguishes the two certificates: section 60I of the federal Act for married parents, and section 66H of the WA Act for parents who were never married.
An exemption can apply for family violence or abuse risks, urgency, inability to participate effectively and other statutory situations. Consent-order applications do not require an FDR certificate. Explain the exemption and supply the court’s required documents; do not assume merely asking for one is approval.
Divorce in WA: fees, documents and timing
Divorce ends the marriage; it does not divide assets or make parenting orders. Under Family Law Act sections 48–50, you ordinarily must have lived separately and apart for a continuous period of at least 12 months immediately before filing, with no reasonable likelihood of resuming married life. Specific reconciliation rules can affect the calculation. Separation under one roof is possible with evidence. At least one spouse must also meet the citizenship, domicile or residence requirements.
Where children of the marriage are under 18, the court must address their care and welfare arrangements or the statutory exception in section 55A. The divorce decision does not turn those arrangements into parenting orders.
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| Application | Court filing fee | Qualification |
|---|---|---|
| Divorce | $1,170 | Ordinary filing fee. |
| Divorce — reduced fee | $390 | Eligibility depends on the court’s concession or hardship rules. |
| Consent orders | $215 | Court application fee; preparing an agreement may involve separate costs. |
| Step | Period | Qualification |
|---|---|---|
| Separation before application | At least 12 months | Evidence is needed where separation occurred under one roof; reconciliation rules may affect calculation. |
| Serve a sole application in Australia | At least 28 days before the hearing | Use the proper service method and file proof; joint applications do not require service. |
| Serve a sole application overseas | At least 42 days before the hearing | International service requirements can also apply. |
| Order takes effect after grant | Usually one month and one day | Check the actual effective date; exceptions and appeals may change it. |
- Read the WA divorce application instructions and use the WA eCourts Portal.
- Prepare the marriage certificate and any required translation, jurisdiction evidence, separation-under-one-roof affidavits and details of children’s arrangements.
- Choose joint or sole application, check fee-reduction eligibility and arrange proper service where required. If there is a restraining order, obtain advice about safe, lawful service.
- Check the hearing requirements and the effective divorce date. Record the property deadline separately.
Fees checked against the court’s current fee schedule. There is no reliable general promise that every divorce finishes within a fixed number of months from filing.
Children at risk, recovery orders or an FVRO
Call 000 if you or a child is in immediate danger. Do not delay leaving danger to gather documents or call a commercial information service.
A recovery order is a court decision about returning a child, not an automatic consequence of a parent withholding consent. The WA recovery-order guidance explains the application route. If parenting orders exist, it identifies Form 2, an affidavit and an urgency letter where appropriate; without orders, recovery is sought within parenting proceedings.
Explain why the hearing is urgent and provide evidence. A location order may assist if whereabouts are unknown. Listing and outcomes depend on the court; this page promises no fixed turnaround.
For overseas-removal concerns, seek urgent advice about travel restrictions and the AFP Family Law Watchlist. A passport child alert is different and does not itself stop travel on an existing passport.
An FVRO is generally sought through the Magistrates Court, with different rules where children are involved. If served with an interim order, obey its conditions while considering a response. Legal Aid WA explains the response options.
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| Action | Time limit | Effect |
|---|---|---|
| Lodge an objection to the order becoming final | 21 days after service | Objecting does not suspend the interim order. Follow the notice and court instructions. |
Your first consultation: documents and questions
Collect only records you can safely and lawfully access. A concise timeline and the actual orders or letters are more useful than a general account of the dispute.
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| Bring if relevant | Ask the lawyer |
|---|---|
| Dates of separation, marriage and effective divorce; any financial agreement | What is my actual filing deadline, and do I need protective steps now? |
| Parenting orders, FDR certificate, children’s current arrangements and safety evidence | Which Act applies, and do I need negotiation, consent orders or an urgent application? |
| Bank, mortgage, superannuation, asset/debt and income records | What disclosure is needed and how should a proposed settlement be formalised? |
| Court papers, hearing dates, interim FVRO and proof of when it was served | What must I do by each deadline and what does the current order prohibit? |
| Your priorities and any proposed agreement | What can be dealt with in the first consultation, and what further work and fees may be needed? |
Arrange a WA family law consultation
A lawyer who practises in WA can assess the documents, identify the relevant deadlines and explain the options for your circumstances. Use the checklist above to prepare for the first discussion. Court representation and preparation of orders may require further work.
Arrange an initial one-hour consultation with an Australian lawyer for $295 including GST. This is Legal Hotline’s matching and arrangement fee; the lawyer charges no additional fee for that first hour. Any further work is quoted separately. Phone, video and in-person appointments depend on availability.
Our free line, 1800 951 176, answers at any hour. Jen, our AI legal information assistant, gives general information and takes your details. Jen is not a lawyer and does not advise on your case. Requests can be made at any hour; lawyer appointment times depend on availability.
Official help and free legal information
Public information and duty services can help you identify the next step. A grant of funded representation depends on the service’s criteria; it is not automatic.
Legal Aid WA Infoline
1300 650 579, Monday–Friday, 9am–4pm WST, excluding public holidays. Information, referrals and enquiries about legal advice appointments. Infoline staff do not give personal legal advice.
Family Relationship Advice Line
1800 050 321, Monday–Friday 8am–8pm and Saturday 10am–4pm, local time; closed Sundays and national public holidays. Information about separation, parenting and appropriate services.
Family Court duty help and FASS
Ask Legal Aid WA about Family Court Services and the Family Advocacy and Support Service for family violence matters. Confirm the service’s availability before attending; urgent assistance depends on the circumstances.
Common questions about family law in WA
How much does a divorce cost in WA?
The Family Court of WA lists a $1,170 divorce filing fee from 1 July 2026, or $390 for eligible reduced-fee applicants. These are court fees, separate from legal fees. Family Law Act section 48 ordinarily requires at least 12 months of separation; divorce does not itself settle property or parenting.
How long do I have to claim property after separation in WA?
For married couples, Family Law Act section 44 generally sets a 12-month limit after the divorce takes effect. For WA de facto couples, Family Court Act section 205ZB generally sets two years after the relationship ends. Consent, court leave and special agreement-related rules can permit other applications, so seek advice even if you think you are late.
Does moving out mean I lose my share of the house?
Leaving the family home does not by itself remove your right to a property share in WA. There is no automatic 50/50 split: property orders depend on the relevant statutory factors under Family Law Act section 79 or WA Family Court Act section 205ZG. Safety, parenting arrangements and existing orders need separate consideration.
Does the WA Family Court order equal time with each parent?
There is no automatic right to equal time or current presumption of equal shared parental responsibility. The court applies the child’s best interests under Family Law Act sections 60CA–60CC or WA Family Court Act sections 66A–66C, depending on the case. The WA parenting reforms for never-married parents began on 10 February 2025, subject to transitional rules.
Do I need mediation before applying for parenting orders in WA?
Most contested parenting applications require an FDR certificate under Family Law Act section 60I for married parents or WA Family Court Act section 66H for never-married parents. Exemptions can apply for violence or abuse risks, urgency and other statutory circumstances. Consent-order applications do not require the certificate.
What should I do after receiving an interim FVRO?
Read and comply with the WA interim FVRO. If you want to oppose it becoming final, check the 21-day period after service for lodging an objection under the Restraining Orders Act 1997 response process. The interim order remains in force while you object. Obtain advice about its conditions and any parenting orders; call 000 for immediate danger.
Sources and update record
Primary sources were checked on 23 October 2026. The federal Act’s latest compilation is 10 June 2025; the WA Family Court Act is current from 18 December 2025 and the Restraining Orders Act from 25 September 2025. This page follows the current WA Act where the older court summary differs on the de facto WA-connection test. Court timing, eligibility and individual outcomes cannot be decided from a general guide.
- Family Law Act 1975 — current version
- Family Court Act 1997 (WA) — current version
- Restraining Orders Act 1997 (WA)
- WA parenting reforms from 10 February 2025
- Legal Aid WA — arrangements for children and removed presumption
- Family Court of WA — divorce requirements
- Family Court fees from 1 July 2026
- Serving a divorce application
- When divorce orders take effect
- Family dispute resolution and exemptions
- Dividing property and leaving home
- Legal Aid WA — property agreements, superannuation and deadlines
- Applying for recovery orders
- Legal Aid WA — responding to restraining orders
General information only, not legal advice. Updated . Checked against the sources above on 23 October 2026.