How Do I File for Divorce?

Applying for divorce in Australia can feel overwhelming, particularly when you are unsure where to begin or what documents are required. Understanding the divorce application process, including how to lodge your application, complete the required forms and arrange service documents, can help make the process more manageable. In this guide, our team at O’Sullivan Davies explain the key steps involved in filing for divorce through the Family Court of Western Australia’s eCourts Portal.

The Divorce Application Process

Divorce applications are lodged online through the Family Court of Western Australia’s eCourts Portal: https://ecourts.justice.wa.gov.au/. Below, we’ve outlined the key steps involved in completing and lodging a divorce application.

Step 1 of the Divorce Application Process:

Obtain a copy of your marriage certificate. If you do not have one, request it from Births, Deaths and Marriages (or the relevant authority if married overseas).

If the certificate is not in English, you must arrange a certified translation and attach both the original and translated versions to an Affidavit of Translation of Marriage Certificate. The NAATI website (https://www.naati.com.au/) provides a directory of accredited translators.

Step 2 of the Divorce Application Process:

Complete the divorce application on the eCourts Portal, ensuring all information is accurate.

Step 3 of the Divorce Application Process:

Download the preview of your completed application.

Joint applications: Provide the preview to your spouse to confirm the details. Both parties must then cosign the Affidavit for eFiling before an authorised witness (JP or lawyer).

Sole applications: Only you need to sign the affidavit. Bring a printed copy of the full application to the witness.

Scan and upload the sworn affidavit, confirm receipt of the Marriage, Families and Separation brochure, and (if applicable) enter any fee-reduction reference before lodging.

Step 4 of the Divorce Application Process:

Pay the filing fee (which is currently $1,125) online by Mastercard or Visa, then download the filed application.

Step 5 of the Divorce Application Process:

Print a copy for your records. For sole applications, also print the service documents.

Step 6 of the Divorce Application Process:

(For sole applications) Arrange service on your spouse of the application and brochure. The server must complete an Affidavit of Service, along with any additional required service documents.

Speak with an Experienced Divorce Lawyer

If you need guidance with the divorce application process or have questions about a family law matter, the team at O’Sullivan Davies can help. Contact our experienced divorce lawyers today for practical advice and support tailored to your situation.