How Does Divorce Work in Perth, Western Australia?

Navigating the complexities of divorce can be overwhelming. At Davies & Co Lawyers, located on Stirling Highway in Nedlands, we specialize in Premium Family Law & Mediation Services under the skilled guidance of our Principal, Mark Davies. In this post, we aim to demystify the divorce process in Perth, Western Australia, offering a general guideline for those facing this emotionally taxing experience.

Requirements for Divorce in Western Australia

  1. Legal Marriage: You must provide a copy of your marriage certificate. If married overseas, the marriage must be recognized under Australian law.
  2. Separation: Both parties must have lived separately for at least 12 months. Note that separation can occur while living under the same roof, provided certain conditions are met.
  3. No Likelihood of Resumption: You must prove that there is no chance of resuming married life.
  4. Jurisdiction: Either you or your spouse must be an Australian citizen or resident for at least 12 months before filing for divorce.

The Application Process

  1. Prepare Documents: Collect all necessary documents, including marriage certificates and financial statements.
  2. Filing: Lodge your application with the Family Court of Western Australia. Both parties can apply jointly or individually.
  3. Service and Response: If you filed individually, you must serve divorce papers to your spouse, who then has a period to respond.
  4. Court Hearing: A judge reviews the application. If all criteria are met, the divorce is usually granted. Final divorce orders take effect one month and one day after the hearing.

“Both Mark & Thea Davies are extremely professional, completely knowledgeable in family law regarding all areas of separation and show enormous compassion, support and empathy during an extremely uncomfortable time. Namaste”

— Kaz Pinkerton, Perth WA

Financial and Custody Arrangements

Financial settlements and child custody are usually separate from the divorce process itself, but they are equally crucial. We recommend consulting a legal expert in these areas to ensure your interests are fully represented.

“The team at Davies and Co have impeccable knowledge in family law, proven process and a remarkable capability to communicate professionally, empathize, overcome associated challenges and defuse conflict. Thank you sincerely, Thea, Meroë and Mark for never allowing me to feel dispirited. There is no greater wealth in this world than peace of mind.”

— Terence Ker, Perth WA


Legal fees can vary, so it’s advisable to discuss this with your lawyer upfront. There may be additional fees for court filings and document procurement.

Why Choose Davies & Co Lawyers?


We offer a depth of experience in family law, ensuring you receive accurate and specialized advice.


Divorce is not just a legal issue but also an emotional one. Our team is committed to handling your case with the utmost sensitivity.

Client-Centric Approach

Your well-being is our top priority, and we are dedicated to ensuring that your rights and interests are well-represented throughout the process.

Transparent and Comprehensive Service

We pride ourselves on being transparent about our fees and processes, ensuring you remain informed at every stage.


Divorce is a complicated process, not just legally but emotionally. At Davies & Co Lawyers, we combine legal expertise with a compassionate approach to guide you through this challenging period. Located conveniently on Stirling Highway in Nedlands, Perth, we offer Premium Family Law & Mediation Services.

For tailored advice and assistance with your divorce proceedings, we invite you to contact us for a personalized consultation.

Disclaimer: This information is intended for general informational purposes and should not be seen as legal advice. For advice suited to your circumstances, consult Davies & Co Lawyers.