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Divorce Lawyers Perth

We are HHG Legal Group – Divorce Lawyers in Perth,  Western Australia. Our firm has practiced family law for over a century, a feat that very few Perth family law firms can match. It is a big part of why our team of separation lawyers are renowned within the legal community for their expertise and integrity. If you are planning a divorce or are in the process of divorcing a partner, our team is here to help you navigate the legal process and ensure you see the outcome you are hoping for. Whether you seek mediation or representation for court proceedings, no matter your personal circumstances, it is our promise that you will receive the highest calibre of family legal services and the best advice and legal representation available to you.

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Get legal advice for your divorce.

Our dedicated team of divorce lawyers are not only experts in the field but also empathetic guides. They will accompany you through every step, offering not just legal counsel but also a genuine understanding of the emotional challenges you may be facing.

Our commitment extends beyond excellent legal service. We aim to demystify the complexities of divorce court proceedings, ensure that you are fully aware of your legal rights, and keep you well-informed about every aspect of your case. In short, our goal is to empower you, offering you the clarity and confidence needed to navigate this challenging chapter in your life.

Choosing HHG Legal Group means making your well-being our highest priority. Rest assured; we will make every effort to provide you with the best possible opportunity to achieve a positive, fair outcome.

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How long does divorce take in WA?

The process of preparing an application can vary depending if there are complications to property settlement, child custody or other matters. Once you file the application, the process to get the divorce granted should take 1 month and 1 day if all goes smoothly.

Do I need a lawyer to get a divorce?

The divorce process has become much more manageable. In most cases, parties can resolve things themselves. However, while you technically don’t need a lawyer to file for a divorce, having legal representation can be advantageous, especially if your situation involves complex property division, financial arrangements, or child custody issues. A lawyer can guide you through the process, ensuring that your rights are protected and that all documents are correctly filed.

What are my rights in a divorce?

In addition to a divorce, you have various rights; including distribution of marital property, and a right to an application for custody, or visitation rights concerning your children.

How do I obtain important documents such as my marriage certificate?

If you are missing something such as your marriage certificate, our family divorce lawyers can provide assistance. With our help, you can write an affidavit that explains why the documents are unobtainable and still get divorced. Without this affidavit, your divorce application may not be granted.

Can my former partner and I see the same lawyer?

It is generally not advisable for both parties in a divorce to use the same lawyer due to the potential for a conflict of interest. Each party should ideally have their own legal representation to ensure their interests are adequately protected.

Are assets split 50-50 in a divorce?

The division of assets in a divorce is not automatically 50-50. Instead, the Family Court in Western Australia considers various factors including the financial and non-financial contributions from each party, the future needs of both parties, and other relevant circumstances. The aim is to achieve a division that is “just and equitable,” which may or may not result in an equal split.

How do you apply for a divorce in Western Australia?

The divorce process in Western Australia is fairly straightforward, however, there are still certain requirements and steps you must take to ensure the court will grant a divorce.

Step 1: Meet the requirements

To apply for divorce in Australia, you and your spouse must have separated at least 12 months ago. In addition, one of you must be an Australian citizen, or be living in Australia and regard Australia as your home.

If you have been married less than two years, from the date of filing your divorce application, the Court may require you to participate in marriage counselling to discuss the possibility of reconciliation, prior to making the divorce application.

If you have children, you will need to tell the court that arrangements have been made for their care.

Step 2: File the divorce application

When filing, you will need to provide your Marriage Certificate. If it is not in English, you will need a translation. In this circumstance, a qualified person will need to translate your marriage certificate and provide an affidavit swearing the translation is accurate.

You must file your divorce application using the E-Court’s Portal. You and your former spouse can do this jointly, or you can do this by yourself. A fee is payable to the Court upon filing the application.

Step 3: Serve the divorce application – sole applicants only

If you file an Application for Divorce in your sole name, you will likely be required to attend a brief court hearing. You must also serve your spouse the divorce application at least 28 days prior to the date of the Divorce Hearing. You must serve the application in accordance with the Family Court Rules 2021.

There also may be other requirements applicable to your divorce, depending on your unique circumstances.

Our Divorce Lawyer Services

Child Support

Ensure your child’s financial needs are met through legal channels. We’ll guide you in establishing or modifying appropriate support arrangements.

Property Settlement

Navigate the complex process of dividing assets and debts Our expertise ensures a fair and equitable property settlement for you.

Financial Settlement

Secure your financial future by making informed decisions. We’ll help you reach a comprehensive financial arrangement that considers all assets and liabilities.


Opt for a less adversarial path. Our mediation services facilitate constructive dialogues, aiding you and your ex-partner in reaching mutual agreements without court intervention.

Spousal Maintenance

Concerned about financial stability? We can assist you in either claiming or contesting spousal maintenance, based on your specific circumstances and needs.

Contact our separation & divorce team

We understand that going through a relationship breakdown can be a very difficult time. For more information about how our family lawyers can assist you with the legal process, or arrange a confidential discussion, please contact us [contact us button link to contact page] or reach out to your preferred office directly.

No matter where you are in Western Australia, HHG Legal Group can assist you with your family law matter. We have offices in PerthJoondalupMandurahBunbury and Albany. We have experience representing and advising clients throughout all Western Australia.

Further information


Does divorce need both parties to agree?

The idea of obtaining a divorce from an uncooperative spouse may feel like an uphill battle. However, you do not need your spouse’s consent to obtain a divorce. Every state in Australia now has an option for a no-fault divorce. The no-fault principle, established by the Family Law Act 1975, means that the court does not need to know the reason for the divorce, just that the marriage has broken down irretrievably and there is no hope of reconciliation. If a divorce application is made by you solely, you will be required to serve a copy of the application on your former spouse and provide evidence to the court that the application has been served. If you do not know the location of your former spouse, you may have to apply to the court for substituted service or dispensation of service. Our family law team can assist you in this regard. The other party may then file a Response to Divorce if they disagree with any of the information provided on the application or if they oppose the divorce.

If you are concerned that your former spouse may have grounds to oppose, do not hesitate to contact our team of experienced family lawyers. If your former spouse does not object or file a response to the divorce application, there are no dependent children under 18 of the marriage and you have complied with service requirements, you should not be required to attend the hearing.

Can I get a divorce if we got married overseas?

If you got married overseas, there are often legal variables to consider. You can get a divorce in Australia if married overseas if:

You or your spouse is an Australian citizen (by birth, descent, or grant of Australian citizenship); You or your spouse live in Australia or have lived in Australia for the past immediate 12 months before applying for your divorce; or You regard Australia as your home and intend to live here indefinitely.

If you meet one of the above criteria, then you can apply for divorce through the Family Court. However, it is important to note that you will need to be able to provide proof of your circumstances.

How long does a divorce take in WA?

During your application for divorce on the e-Courts portal, a court date can be chosen which will be subsequently scheduled after filing. A Registrar of the Family Court will review the Application once filed in preparation for the hearing. Your divorce hearing is usually listed six to eight weeks after filing but can vary significantly depending on the Court’s availability. At you divorce hearing, the Registrar may grant the divorce. However, the divorce will not come into effect on this day. One month and one day after your hearing, your divorce will be finalised. However, it is difficult to advise the length of a divorce application from start to finish. This is mainly the case for sole applications where the divorce application must be served on the other party. For a sole application, there can be many issues.

Who gets what in a divorce?

It is important to understand that a divorce is separate from a property settlement. A divorce legally ends your marriage, but does  not deal with arrangements for children or how you and your former spouse should divide your property. You can finalise a property settlement as soon as you separate. However, you must do so within 12 months of your divorce being granted, or you will need to file a court application. Our family and de facto lawyers have extensive experience in these matters and can assist you if you find yourself in this situation. If you require further information in relation to property settlement or children’s care arrangements, please see our Family and De Facto page here.

How much does a divorce cost?

As at 1 November 2023, the divorce application filing fee in WA is $1,060. However, your filing fee may be reduced to $350 if you qualify for a reduction. You may qualify for a reduction if you possess a valid healthcare card or other valid concession card. The costs involved in a divorce application depend upon the individual circumstances of the case, including the level of complexity. It also depends on nature of the application, being sole or joint, if personal service is required, and whether you require a lawyer’s attendance at a hearing, together with several other important factors. We believe in full transparency with our clients.

All our clients are fully aware of what their costs are and likely to be. We provide our clients with up-to-date information on their costs at all stages of the process. At HHG Legal Group, we are often able to offer our client’s a fixed fee for a divorce.

If you wish to be provided with an estimate of fees, contact one of our offices in Western Australia and book an initial fixed fee consultation with one of our experienced divorce lawyers.

How will this impact my Will?

Usually, in Western Australia, a divorce order will revoke a Will. However, there are exceptions to this. Working together with our Family law team, we have lawyers with extensive experience that can provide you with high-quality, relevant information about your will and estate planning.  Please submit an enquiry if you feel you need legal advice regarding your Will if you are going through a separation. Enquire now

Can the public access my divorce records?

The Family Court holds all divorce records. The public can access other people’s records in rare circumstances. To do so, a person must write to the Family Court to request a copy of the relevant record and explain why they require it. The court will then consider the application. This is not easy. If you seek somebody else’s divorce record we urge you to obtain legal advice.

Why is a divorce lawyer needed?

It is important to engage a divorce lawyer to provide you with advice tailored to your individual circumstances and needs. It is also desirable to engage a lawyer with a wealth of knowledge and experience, who to provide high quality advice in the specific area of family and de facto law. Often people become tripped up with the procedural and service requirements of a divorce application. Our team of divorce lawyers have a wealth of experience about the necessary requirements and details of the divorce application. Our divorce lawyers are also experts in this area should your former partner oppose the application.


All the following legal Information has been reviewed by a qualified lawyer, certified to practice in Western Australia on 1 November 2023.

*This information serves as a general guide and does not constitute legal advice. It is based on our research and experience at the time of publication. Please consult our knowledgeable legal team for any specific inquiries or advice relevant to your circumstances, as the content may not have been updated subsequently. 

Consult our legal team