Legal and safety
Family law when a relationship ends
Understand divorce, parenting, property and the different rules in Western Australia.
Start with the issue you need to resolve
Ending a relationship can raise separate questions about divorce, children, property and financial support. A divorce does not decide parenting arrangements or divide assets and debts. Child support is also a separate process. You can seek advice about parenting and money before applying for divorce.
If there is violence, coercion or fear, tell the legal service when you first contact it. Ask about a safe way to communicate, urgent help and alternatives to contacting the other person.
Divorce and financial time limits
To apply for an Australian divorce, you generally need to have been separated for at least 12 months and one day. Separation while living under the same roof can be recognised, but requires evidence. Check the court's other eligibility and application requirements. Do not remarry until the divorce is final.
The usual deadline for a married person's property or spousal maintenance application is 12 months after an Australian divorce becomes final. For a de facto relationship, it is usually two years after breakdown. Exceptions and overseas divorces need specific advice. Permission to apply late is not guaranteed.
Children and resolving disagreements
Parenting decisions focus on the child's best interests, including safety. There is no automatic right to equal time. Responsibility for decisions and time spent with a child are different questions.
Family dispute resolution, a process with an accredited practitioner, is generally required before a parenting application. Exceptions can include family violence, abuse or urgency. Tell the practitioner about safety concerns. The court decides whether a claimed exemption applies; do not assume you must attend joint mediation.
Get legal advice before relocating a child or arranging overseas travel. Existing orders and urgent safety concerns matter.
Money, debts and superannuation
There is no fixed formula for dividing property. A lawyer can explain assets, liabilities, financial disclosure and any possible maintenance claim. Seek advice before signing an agreement or moving jointly held money.
Superannuation can form part of the property arrangements. Splitting it requires formal steps, valuation and an agreement or court order. A binding superannuation agreement requires independent legal advice for each party. A split does not itself let you withdraw retirement savings early.
Western Australia has a different framework
In WA, Commonwealth family law applies to cases involving people who are married or were married. Different state legislation applies to parenting cases involving parents who never married and to de facto property cases. Do not assume every Commonwealth property reform applies to those cases.
Use the Family Court of WA and local legal advice. A state selection helps find services, but your current address alone does not establish the correct court or applicable law.
Your next step
Use the official links above, or find local services in your state.
Sources for this guide
- Federal Circuit and Family Court: divorce (external website) Reviewed 5 October 2026
- Federal Circuit and Family Court: applying for divorce (external website) Reviewed 5 October 2026
- Federal Circuit and Family Court: property overview (external website) Reviewed 5 October 2026
- Federal Circuit and Family Court: spousal maintenance (external website) Reviewed 5 October 2026
- Attorney-General's Department: children and family law (external website) Reviewed 5 October 2026
- Attorney-General's Department: dispute resolution (external website) Reviewed 5 October 2026
- Federal Circuit and Family Court: relocation and travel (external website) Reviewed 5 October 2026
- Attorney-General's Department: superannuation splitting (external website) Reviewed 5 October 2026
- Family Court of WA: legislation (external website) Reviewed 5 October 2026
- Family Court of WA: property and financial (external website) Reviewed 5 October 2026
- Legal Aid WA: pre-action procedures (external website) Reviewed 5 October 2026
Related guides
Wording reviewed 5 October 2026. Numerical rules have separate verification dates on Sources and updates.