Family law in Western Australia
How separation, divorce, parenting and property work in Western Australia, where the Family Court of Western Australia hears every family law case and the Family Court Act 1997 (WA) governs de facto financial matters and children of parents who never married.
Checked against official sources on 8 Nov 2026. General information, not legal advice. No lawyer or solicitor has reviewed this page.
Overview
Western Australia is the exception in Australian family law. Every other state and territory sends its family law cases to the Federal Circuit and Family Court of Australia. WA kept its own court, the Family Court of Western Australia, based at 150 Terrace Road in Perth, with judges, family law magistrates and registrars who hear divorce, parenting, property and child support matters, and country circuits to regional centres. The Perth registry of the Federal Circuit and Family Court deals with general federal law only, so family law enquiries in WA go to the Family Court of Western Australia.
The other WA difference is which law applies. If you were married, your divorce, parenting and property matters are decided under the Commonwealth Family Law Act 1975, which the Family Court of Western Australia applies as a federal court. If you were in a de facto relationship, or you are parents who never married, WA has never referred those powers to the Commonwealth, so the Family Court Act 1997 (WA) applies instead. The tests are broadly similar but the sections, forms, certificates and some time limits are different, so material written for the eastern states can be misleading in WA.
Three recent changes matter a great deal in WA. Since 28 September 2022, separating de facto couples in Western Australia can split superannuation as part of a property settlement, which was not previously possible in this state. On 10 February 2025 the Family Court Amendment (Commonwealth Reforms) Act 2024 (WA) commenced, bringing WA parenting law into line with the Commonwealth reforms of 6 May 2024, including a new test for when a final parenting order can be reconsidered and restructured rules about breaches of parenting orders. And the Commonwealth property changes that started on 10 June 2025 apply in WA only to people who were married. In September 2026 the WA Government told Parliament it intends to amend the Family Court Act 1997 (WA) to substantially replicate them for de facto couples, with the timing a matter for Cabinet, and at the date of this check no Bill to do that was before Parliament. This page is general information for Western Australians, not legal advice.
Who this is for
- You have separated in Perth, the South West, the Pilbara, the Kimberley or the Wheatbelt
- You want to apply for a divorce and need to use the eCourts Portal of Western Australia
- You were in a de facto relationship in WA and want a property settlement or a superannuation split
- You are parents who never married and need parenting orders under WA legislation
- You have a family violence restraining order and parenting orders that appear to conflict
- You want to know what a Case Assessment Conference at the Family Court of WA involves
- You live in a regional or remote community and need to know when the court circuits to you
- You have agreed on a settlement and need consent orders drafted in the WA format
LegislationShowHide
- Family Court Act 1997 (WA) (WA)
Continues the Family Court of Western Australia and applies to arrangements for children whose parents were never married and to property and maintenance matters for de facto partners. Section 205ZB sets the two year time limit for de facto property applications. Amendments made by the Family Court Amendment (Commonwealth Reforms) Act 2024 commenced on 10 February 2025.
- Restraining Orders Act 1997 (WA) (WA)
The WA family violence law. It provides for family violence restraining orders and violence restraining orders, made by the Magistrates Court or, where a child is involved, the Children's Court, and for police orders that last up to 72 hours after they are served. Breaching a restraining order or a police order is a criminal offence.
- Family Law Act 1975 (Cth) (CTH)
Applied by the Family Court of Western Australia when it exercises federal jurisdiction, which covers divorce, and parenting and financial matters for married couples, including the property framework as amended from 10 June 2025.
- Family Law Amendment Act 2024 (Cth) (CTH)
From 10 June 2025 requires the economic effect of family violence to be considered in property matters, expressly treats economic or financial abuse as family violence, creates a framework for companion animals and places the duty of financial disclosure in the Family Law Act. In WA these property changes apply only to people who are or were married.
- Child Support (Assessment) Act 1989 (Cth) (CTH)
The national child support scheme applies in Western Australia in the same way as elsewhere. Services Australia assesses and collects child support, and the Family Court of Western Australia hears related court applications.
Courts and tribunalsShowHide
- Family Court of Western Australia
The only state family court in Australia. It hears divorce, parenting, property, maintenance, child support, adoption and surrogacy matters for WA families, exercising both federal and state jurisdiction.
- Family Court of WA registry and country circuits
The Perth registry is at 150 Terrace Road, with a self-serve kiosk for registering on the eCourts Portal and scanning documents, and a Justice of the Peace at set times. Judges and family law magistrates also sit on circuit in Albany, Broome, Bunbury, Geraldton and Kalgoorlie. For the rest of 2026 and all of 2027, Broome magistrate circuits are run by e-hearing from Perth and Broome trials are held in Perth.
- eCourts Portal of Western Australia
The online portal used to lodge WA family law applications, including divorce applications, which can only be made online through this portal, and to view daily court lists.
- Magistrates Court of Western Australia - restraining orders
Hears applications for family violence restraining orders and violence restraining orders, with no fee to apply, and deals with breaches. Applications are lodged in person at a registry unless a legal service such as Legal Aid WA lodges them online for you.
- Legal Aid WA family law services
Provides duty lawyers at the Family Court of Western Australia, dispute resolution, and representation under a grant of aid in eligible family law, protection and care and family violence restraining order matters.
ProcessShowHide
01Deal with safety and get help early
If there is family violence, contact police or the Magistrates Court about a family violence restraining order and speak to Legal Aid WA. Record the date of separation and gather financial documents.
Typical timeframe: First few weeks
02Attempt dispute resolution and get the right certificate
Attend family dispute resolution with an accredited practitioner unless an exemption applies, for example family violence or urgency. Married couples obtain a section 60I certificate under the Family Law Act; parents who were never married, including former de facto partners, obtain a section 66H certificate under the Family Court Act 1997 (WA).
Typical timeframe: Agreement is often reached after 2-3 sessions, depending on your situation
03Record the agreement
Put parenting arrangements in a parenting plan, or lodge an application for consent orders in the Family Court of WA format so that parenting or financial terms become enforceable orders. Each party signs every page of the draft orders on the same day they sign their affidavit.
Typical timeframe: Depends on the court's workload
04Lodge the application through the eCourts Portal
Register for the eCourts Portal of Western Australia, complete and lodge the application with the supporting affidavit, then print, sign before an authorised witness and finalise the lodgement.
Typical timeframe: Depends on how quickly you can prepare and swear your documents
05First hearing and Case Assessment Conference
In parenting cases the first hearing is a short appearance, around 20 minutes, in a child-related proceedings list. The judicial officer will often order a Case Assessment Conference with a family consultant, scheduled to take two hours, which assesses risks including family violence and child abuse and explores whether agreement is possible.
Typical timeframe: Dates are set by the court after you lodge
06Procedural hearings, family report and conciliation conference
In parenting cases there is usually a procedural hearing to discuss the case assessment report, the court may order a family report, and the judicial officer must approve any subpoenas. Property matters go to a procedural hearing and then a conciliation conference with a registrar.
Typical timeframe: Varies with each case
07Trial before a judge or magistrate
If the matter does not settle it is listed for trial before a judge or a family law magistrate, and a setting down fee must be paid no later than 28 days before the hearing. Almost all matters are resolved without a trial.
Typical timeframe: Set by the court once the case is ready for trial
Parties
Applicant
The person who lodges the divorce, parenting or financial application in the Family Court of Western Australia.
Respondent
The former spouse or de facto partner who responds to the application.
Family consultant
A psychologist or social worker at the Family Court of WA who specialises in child and family issues after separation, runs the Case Assessment Conference and may prepare a family report.
Registrar
A court officer who deals with procedural matters and runs conciliation conferences in property cases.
Person seeking to be protected and respondent in restraining order proceedings
The WA terms for the person protected by a family violence restraining order and the person the order is made against.
Independent Children's Lawyer
A lawyer appointed by the court to represent the child's interests. Specially trained Legal Aid WA lawyers often act in this role.
Time limits
These are general time limits described in prose. This page does not calculate a deadline for your matter.
Applying for a divorce
You must have been separated for a continuous period of at least 12 months immediately before you file the application.
Source: Family Law Act 1975 (Cth), s 48(2)
Married couples: property or spousal maintenance after divorce
Generally within 12 months after the divorce order takes effect, unless both parties consent or the court grants leave.
Source: Family Law Act 1975 (Cth), s 44(3)
De facto partners in WA: property or maintenance
Generally within two years after the end of the de facto relationship, unless both partners consent. The court may grant leave to apply late if hardship would otherwise be caused to the applicant or a child.
Source: Family Court Act 1997 (WA), s 205ZB
De facto superannuation splitting
Available for WA de facto property cases from 28 September 2022, applying to cases filed in the Family Court of WA on or after that date.
Source: Legal Aid WA, Superannuation
Dispute resolution certificates
A section 60I or section 66H certificate is generally required before parenting orders are sought, subject to the available exemptions.
Source: Family Law Act 1975 (Cth), s 60I; Family Court Act 1997 (WA), s 66H
Divorce order taking effect
One month and one day after the order is made, unless the court orders a different period.
Source: Family Law Act 1975 (Cth), s 55; Family Court of WA, Divorce Orders
Costs and helpShowHide
Family Court of Western Australia fees are set by government regulations and go up on 1 July each year, and the court's fees page lists the current amounts. From 1 July 2026 the divorce application fee is $1,170, or $390 at the reduced rate, and an application for consent orders is $215. Other fees apply to initiating applications, responses, subpoenas, conciliation conferences and trial days, and transcripts are charged separately. You may get a reduced divorce fee, or an exemption from other fees, if you are the primary holder of a Health Care Card, Pensioner Concession Card, Commonwealth Seniors Health Card or another Centrelink or Veterans' Affairs card that gives Commonwealth health concessions, receive legal aid, Youth Allowance, Austudy or ABSTUDY, are aged 18 or under, are in prison or detention, or can show financial hardship. In a joint divorce application both of you must qualify. There is no fee to apply to the Magistrates Court for a family violence restraining order. Private legal costs vary widely and rise sharply if a case goes to trial, and country matters may add travel costs. Each party usually pays their own costs, although the court can order otherwise. Ask any practitioner for a written costs agreement and updated estimates.
Runs the Infoline on 1300 650 579, the Family Court Services duty lawyers at the Family Court of Western Australia, a duty lawyer service at the Perth Magistrates Court that helps women, children and men in same-sex relationships with family violence restraining orders, dispute resolution for parenting and property matters, the When Separating resource, and grants of aid in eligible family law, protection and care and family violence restraining order matters.
- Legal Aid WA dividing property
Plain-English guidance on dividing property in WA, including dispute resolution and the amica online tool for reaching agreement.
- Legal Aid WA superannuation
Explains superannuation splitting in WA, including the change for de facto couples that took effect on 28 September 2022.
- Family Court of WA fee reductions and exemptions
Who can get a reduced divorce fee or an exemption from other Family Court fees, and how to apply through the eCourts Portal before you lodge.
- The Law Society of Western Australia - find a lawyer
Search for WA law firms and practitioners by area of practice and location.
Where to get help
- Legal Aid WA family law
Duty lawyers, dispute resolution and grants of aid for eligible Western Australians in family law matters. Infoline 1300 650 579.
- Family Court of Western Australia
Court information, forms, guides for people representing themselves, fees, daily lists and country circuit details. The court's Call Centre on 08 9224 8222 can help with lodging and the eCourts Portal.
- eCourts Portal of Western Australia
The official portal for lodging WA family law applications, including divorce, and for viewing court listings.
- Magistrates Court of WA - restraining orders
How to apply for a family violence restraining order or violence restraining order in Western Australia.
- Community Legal WA
The peak body for community legal services in Western Australia, with a directory of free or low-cost legal services across the state.
- Family Relationships Online
Locate WA Family Relationship Centres, dispute resolution and counselling, or call the national helpline on 1800 050 321.
Practical guidanceShowHide
Which law applies to you in Western Australia?
Start by asking whether you were married. If you were, the Family Court of Western Australia applies the Commonwealth Family Law Act 1975 to your divorce, parenting and financial matters, and the June 2025 property reforms apply to you in the same way as they do in the eastern states. If you were in a de facto relationship, or if you and the other parent were never married, the Family Court Act 1997 (WA) applies to your children's arrangements and your de facto property and maintenance. The concepts are similar, but the section numbers, the forms and the dispute resolution certificate are different, and until 28 September 2022 superannuation could not be split for WA de facto couples at all. The June 2025 property changes, such as considering the economic effect of family violence and the new rules for family pets, apply in WA only if you were married. The WA Government has said it intends to amend the WA Act to replicate them, but at the date of this check the WA Act had not been amended and no Bill to do so was before Parliament. This is the single most common source of confusion for people using online resources written for other states, so check whether what you are reading refers to the WA legislation before you rely on it.
How does the Family Court of Western Australia run a parenting case?
WA has its own case management pathway. After a parenting application is lodged through the eCourts Portal, the first hearing is a short appearance in a child-related proceedings list, usually with a family consultant there to help the judicial officer. The judicial officer will often order a Case Assessment Conference, which a family consultant runs and which is scheduled to take two hours. It is usually the first time you meet your family consultant. The conference assesses current and potential risks, including family violence, child abuse, substance abuse and mental health, clarifies what is really in dispute and explores whether arrangements can be agreed. Everything you say to a family consultant can be used in court and is not confidential. The family consultant then writes a case assessment report, which the judicial officer considers at the next hearing, and the court may also order a family report. Property matters follow a different path, with a procedural hearing and a conciliation conference before a registrar.
How do you apply for a divorce in WA?
Divorce applications in Western Australia can only be made online through the eCourts Portal of Western Australia. You register for the portal, prepare your documents including your marriage certificate, complete the application online, then print it and sign the affidavit in front of an authorised witness, usually a Justice of the Peace or lawyer, before finalising the lodgement and paying the fee. Joint applications do not have to be served and are usually dealt with more quickly. Sole applications must be served on your former spouse and the service documents must then be lodged through the portal. You must have been separated for at least 12 months before you file, and if you were separated while living in the same home for any part of those 12 months you will need affidavits from you and from an independent person who can back up your account. In April 2026 the Family Court warned about at least one external website presenting itself as an online divorce portal for a fee; the only official channel is the eCourts Portal.
How do WA restraining orders and parenting orders work together?
Family violence restraining orders in Western Australia are made under the Restraining Orders Act 1997 (WA), usually by the Magistrates Court, and there is no fee to apply. Police can also make a police order, which lasts for up to 72 hours after it is served. A restraining order restricts what the person bound by it can do; it does not decide where children live. When the two conflict, a court making or varying a family violence restraining order can revive, vary, discharge or suspend the parts of a parenting order that provide for a child to spend time with a person, so that the orders are consistent, although it cannot discharge a parenting order at an interim hearing. The court hearing a restraining order application must ask about any family court orders or pending family court applications, so bring a copy of any parenting orders to the hearing. At the Perth Magistrates Court, Legal Aid WA's duty lawyer helps women, children and men in same-sex relationships with family violence restraining orders, and anyone can call the Legal Aid WA Infoline for information. In a parenting case you must tell the Family Court of Western Australia about any family violence order that applies to your child or a member of your child's family. Breaching a WA restraining order is a criminal offence, so never treat a family law order as permission to do something a restraining order forbids.
What does a de facto property settlement in WA involve?
Under the Family Court Act 1997 (WA) the court can adjust property interests between de facto partners only if the relationship lasted at least two years, or there is a child of the relationship under 18, or the applicant made substantial contributions, and in the last two cases failing to make an order would cause serious injustice. There is also a WA connection test: one or both of you must live in WA when the application is made, and either you both lived in WA for at least a third of the relationship or the applicant made substantial contributions in WA. The approach mirrors the federal one: identify and value everything owned and owed, weigh financial and non-financial contributions including as homemaker and parent, and then consider each person's current and future circumstances. Section 205ZB requires the application to be made within two years after the relationship ends, unless you both consent or the court grants leave because of hardship. Since 28 September 2022 superannuation can be split in WA de facto cases filed on or after that date. Transfers of WA property between former partners generally attract only nominal duty if they are made under a court order or a financial agreement; otherwise duty at the general rate can apply.
What if you live in regional or remote Western Australia?
Distance is the dominant practical issue in the largest jurisdiction in the country. Judges and family law magistrates travel on circuit to Albany, Broome, Bunbury, Geraldton and Kalgoorlie, and the court's country circuit page lists the sitting dates. For the rest of 2026 and all of 2027, Broome magistrate circuits are being held by e-hearing from Perth and Broome trials are being held in Perth. Legal Aid WA duty lawyers from its Family Advocacy and Support Service travel on the Family Court circuits, and its Infoline takes calls from anywhere in the state. There is no automatic right to attend court by phone or video: you must ask permission using the court's request form on the eCourts Portal, after first asking the other party, and telephone attendance is usually enough for procedural hearings. Where children are Aboriginal or Torres Strait Islander, the court must consider the child's right to enjoy their culture, including connection with family, community, country and language, and practical arrangements about travel, cultural obligations and school terms can be written into orders. If travel or safety makes attending difficult, raise it early rather than missing a listing.
Checklist
- Marriage certificate, or evidence of the de facto relationship such as leases, joint accounts and photographs
- A written note of the date and circumstances of separation
- eCourts Portal registration details
- Any family violence restraining order, police order or related police documents
- Section 60I or section 66H dispute resolution certificate, or material seeking an exemption
- Existing parenting plans, consent orders or court orders
- Three to five years of tax returns and notices of assessment
- Twelve months of statements for all bank accounts, loans and credit cards
- Superannuation member statements, and the forms in the Family Court of WA Superannuation Information Kit, including the Form 6 Declaration
- Rates notice, mortgage statement and appraisal or valuation for any WA property
- Business, company, partnership or trust financial statements
- A proposed parenting schedule covering school terms, holidays and special days
Common questions
Why does Western Australia have its own family court?
Western Australia established the Family Court of Western Australia and never referred its de facto financial powers to the Commonwealth. The court exercises federal jurisdiction under the Family Law Act 1975 for divorce and for married couples, and state jurisdiction under the Family Court Act 1997 (WA) for de facto financial matters and for children whose parents were never married. In practice this means one court hears everything, but the legislation applied depends on your relationship.
How do I lodge a divorce application in WA?
Only online, through the eCourts Portal of Western Australia. You register for the portal, prepare your marriage certificate and any affidavits about separation under one roof, complete the application, print it and sign the affidavit before an authorised witness such as a Justice of the Peace, and then finalise the lodgement and pay the fee. Joint applications do not need to be served and are usually heard more quickly. In April 2026 the Family Court warned about at least one unofficial website charging a fee to lodge divorce applications. If you cannot lodge online, or need help with the portal, the court's Call Centre is on 08 9224 8222.
Can de facto couples in WA split superannuation?
Yes, since 28 September 2022. Before then, superannuation could not be split between separating de facto partners in Western Australia, and it was instead treated as a financial resource. The change applies to WA de facto property cases filed in the Family Court of Western Australia on or after that date. Married couples in WA have been able to split superannuation for much longer. Legal Aid WA publishes plain-English guidance on how splitting works.
What is a section 66H certificate?
It is the Western Australian equivalent of a section 60I certificate. Where the Family Court of Western Australia is exercising state jurisdiction under the Family Court Act 1997 (WA), which covers de facto partners and parents who were never married, the dispute resolution certificate is issued under section 66H. Where the court is exercising federal jurisdiction, because the parties are or were married, a section 60I certificate under the Family Law Act is the correct certificate.
How long do I have to apply for a de facto property settlement in WA?
Generally two years after the de facto relationship ends, under section 205ZB of the Family Court Act 1997 (WA). An application can also be made later if both of you consent, or the court may grant leave if it is satisfied that hardship would result to you or a child if leave were not granted. Leave is not automatic: the court decides whether to grant it, and the hardship has to be shown with evidence. The Legal Aid WA Infoline on 1300 650 579 can give information about the time limit and where to find legal help.
What is a Case Assessment Conference?
It is an early court event in Western Australian parenting cases, usually ordered at the first hearing, run by a family consultant and scheduled to take two hours. It is usually your first meeting with the family consultant. The conference assesses current and potential risks, including family violence and child abuse, identifies the real issues and explores whether arrangements can be agreed. What you say is not confidential and can be used in court. The family consultant then prepares a case assessment report, which the judicial officer considers at the next hearing.
Do I have to travel to Perth for my family law case?
Not always. Judges and family law magistrates sit on circuit in Albany, Broome, Bunbury, Geraldton and Kalgoorlie, although Broome magistrate circuits are being run by e-hearing from Perth for the rest of 2026 and 2027. You can ask permission to attend a court event by telephone or video using the court's request form on the eCourts Portal; there is no automatic right, and telephone attendance is usually enough for procedural hearings. If travel, cost or safety would make attending difficult, raise it early. Legal Aid WA also delivers services regionally and through its Infoline.
Sources
- Family Court of Western Australia (accessed 8 Nov 2026)
- Applying for a divorce, Family Court of Western Australia (accessed 8 Nov 2026)
- Case Assessment Conference, Family Court of Western Australia (accessed 8 Nov 2026)
- Family Court Act 1997, Western Australian Legislation (accessed 8 Nov 2026)
- Restraining Orders Act 1997, Western Australian Legislation (accessed 8 Nov 2026)
- Superannuation, Legal Aid WA (accessed 8 Nov 2026)
- Family law, Legal Aid WA (accessed 8 Nov 2026)
- Restraining Orders, Magistrates Court of Western Australia (accessed 8 Nov 2026)
- Fees, Family Court of Western Australia (accessed 8 Nov 2026)
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- Parenting Cases, Family Court of Western Australia (accessed 8 Nov 2026)
- First hearing, Family Court of Western Australia (accessed 8 Nov 2026)
- Property and Financial Cases, Family Court of Western Australia (accessed 8 Nov 2026)
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