At Vogt Legal, we provide clear, comprehensive estate planning services to help you take control of your future. Whether you're preparing a will, appointing someone to manage your affairs, or ensuring personal and medical decisions are in trusted hands, we’ll guide you every step of the way.

Our Services

Wills and Codicils

A properly drafted will ensures your assets are distributed according to your wishes and reduces stress for your loved ones. We prepare:

• Simple and complex wills
• Testamentary trust wills
• Joint and mirror wills

Enduring Power of Attorney (EPA)

Appoint someone you trust to manage your financial and property matters if you lose capacity. Avoid delays, uncertainty, and legal complications.

Enduring Power of Guardianship (EPG)

Nominate a trusted person to make personal, lifestyle, and medical decisions on your behalf in case you become unable to do so yourself.

How much does it cost?

Our price guide is as follows:

• Standard will:
  • Couple: $880;
  • Single: $550.

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

• Enduring power of attorney or enduring power of guardianship:
  • $220 for each document.

• Testamentary trust:
  • Couple: $2,200;
  • Single: $1,650.

• Application for grant of probate:
  • From $1,870 (plus court fees of $418).

• Application for a grant of letters of administration:
  • From $2,200 (plus court fees of $418).

• Administration of estate:
  • Estimate to be provided at initial consultation.

• Challenging a will and other estate-related litigation:
  • Estimate to be provided at initial consultation.

Get Started

Estate planning is essential for peace of mind, at any stage of life. Contact us today to arrange a confidential consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone conversation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

What is an Enduring Power of Guardianship?

An Enduring Power of Guardianship (EPG) is a legal document that allows you to appoint one or more trusted individuals, your enduring guardian(s), to make important personal, lifestyle, and medical treatment decisions on your behalf if you become unable to do so yourself.

Your EPG only comes into effect when you lose the capacity to communicate or make reasonable decisions about your health, living arrangements, or personal welfare. It’s a vital part of planning for unforeseen circumstances such as serious illness, injury, or cognitive decline.

At Vogt Legal, we help ensure that your EPG accurately reflects your values and wishes, giving you confidence in the future.

Why Should You Appoint an Enduring Guardian?

• You can choose who will look after your best interests, ensuring your personal beliefs, preferences, and values are respected.
• You decide which powers your enduring guardian will hold, from making lifestyle choices to consenting to medical treatments.
• Avoid the stress and uncertainty of having family members apply to the State Administrative Tribunal (SAT) for guardianship if no EPG is in place.
• You can appoint one or more substitute guardians to act if your primary guardian is unable or unwilling to act.

What Decisions Can Your Enduring Guardian Make?

Your enduring guardian can make decisions related to:

• Where you live and what support services you receive
• Daily personal care and lifestyle choices
• Consent to or refusal of medical treatments (unless you have an Advance Health Directive, which takes precedence over conflicting treatment decisions)

Our experienced team can tailor your EPG to specify exactly which decisions your guardian can make.

How Does Treatment Decision-Making Work?

If you are capable, you always have the right to make your own treatment decisions. If you lose capacity:

• Non-urgent treatment decisions are made based on a legal hierarchy starting with your Advance Health Directive (if any), then your enduring guardian with authority, and then other family or close persons.
• Without a valid Advance Health Directive or EPG, health professionals will seek decisions from the nearest person on this hierarchy who is willing and capable.

Why Use a Lawyer to Draft Your EPG?

Using a lawyer ensures your EPG:

• Is legally valid, comprehensive, and tailored to your personal circumstances
• Complies with all legislative requirements under the Guardianship and Administration Act 1990 (WA)
• Properly outlines your wishes and the powers granted to your enduring guardian

Our experienced lawyers provide clear guidance throughout the process, helping you make informed choices and providing peace of mind for you and your loved ones.

What Happens If You Don’t Have an Enduring Power of Guardianship?

If you lose the ability to make personal and lifestyle decisions and have not appointed an Enduring Guardian, family members may need to apply to the State Administrative Tribunal to be appointed as your guardian. This process can be time-consuming, costly, stressful, and may result in decisions being made by someone you would not have chosen.

How much does it cost?

Our price guide is as follows:

• Enduring power of attorney or enduring power of guardianship:
  • Couple: $330 (or $660 for both);
  • Single: $220 (or $440 for both).

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

How We Can Help You

At Vogt Legal, we understand how difficult it can be to consider losing control over personal decisions. Our caring and knowledgeable team will guide you through every step of creating your Enduring Power of Guardianship:

• Discuss your circumstances, preferences, and concerns
• Explain the roles and responsibilities of an enduring guardian
• Help you select the right person(s) to protect your interests
• Draft a clear, legally binding document that reflects your wishes

Don’t wait until a crisis arises. Protect your personal autonomy by appointing an Enduring Guardian today. Contact us to schedule a consultation and secure your peace of mind.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Wills and Codicils

Preparing a will is one of the most important legal decisions you’ll make in your lifetime. A properly drafted will ensures that your assets are distributed according to your wishes, helps your loved ones avoid unnecessary stress, and protects your legacy long after you're gone.

Without a will, your estate may be distributed in accordance with the Administration Act 1903 (WA), which may not reflect your intentions or provide adequately for the people you care about.

Why you need a will

Whether your estate is simple or complex, having a valid will means:

• Clarity for your loved ones with your instructions clearly outlined.
• Avoiding unnecessary delays or costs in administering your estate.
• Minimising family disputes.
• Peace of mind knowing your affairs are in order.

At Vogt Legal, we ensure your wishes are clearly documented and legally sound, giving you and your family lasting peace of mind.

What a will covers

A professionally prepared will typically allow you to:

• Appoint an executor to manage your estate.
• Set out basic or complex arrangement outlining who inherits your assets, such as property, bank accounts, businesses, or personal items.
• Provide for specific gifts or charitable donations.

Who should have a will?

Everyone over the age of 18 should consider a will — particularly if:

• You own property, investments, or business interests.
• You have children or other dependants.
• You want to leave gifts to friends or charities.
• You want to avoid disputes or confusion later.

The team at Vogt Legal works with individuals and families at all stages of life to ensure your will reflects your current wishes and circumstances.

Our Process – Simple, Tailored, and Efficient

We make the process of writing your will as straightforward as possible:

Book Your Appointment

Call our office to schedule an appointment at a time that suits you.

Initial Meeting

We’ll sit down (in person or via Microsoft Teams) to understand your wishes, your family structure, and your assets.

Drafting and Review

We prepare your will and send you a draft for review. You’ll have the opportunity to ask questions or make changes.

Signing

Your will is signed and witnessed correctly.

Types of wills we prepare and review

We prepare and review a variety of different types of wills to suit your wants and needs:

• Simple wills – provides a basic outline for how your assets are to be distributed, typically as a lump sum or a percentage.
• Complex wills – goes beyond basic asset distribution and includes detailed provisions such as establishing trusts, addressing tax planning, or handling business interests.
• Testamentary trust wills – will that creates a trust upon your death to manage assets for beneficiaries, such as minors or dependents.
• Couples’ Wills:
  • Joint wills – a single will signed by two people that outlines shared wishes and typically cannot be changed after one person passes away.
  • Mirror wills – identical (or nearly identical) wills made by two people that leave assets to each other and then to the same beneficiaries, but each person can revoke or amend their own will independently. 

If you’re not sure which will is right for you, we can help you choose the most suitable option based on your goals and circumstances.

When should you have your will reviewed?

You should review your will:

• After marriage or divorce (which usually automatically revoke your will).
• After separation.
• When you have children or grandchildren.
• If your financial situation changes significantly.
• If your chosen executor or beneficiaries change.
• Every 5 years, as a general best practice.

How much does it cost?

Our price guide is as follows:

• Standard will:
  • Couple: $770;
  • Single: $440.

• Will, enduring power of attorney and enduring power of guardianship package:
  • Couple: $1,210;
  • Single: $770.

• Testamentary trust:
  • Couple: $2,200;
  • Single: $1,650.

• Application for grant of probate:
  • From $1,320 (plus court fees of $408).

• Application for a grant of letters of administration:
  • From $1,650 (plus court fees of $408).

• Administration of estate:
  • Estimate to be provided at initial consultation.

• Challenging a will and other estate-related litigation:
  • Estimate to be provided at initial consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Debt Recovery in Perth

Recovering a debt promptly and efficiently can protect your business or personal finances. We provide tailored legal solutions for clients across Perth and Western Australia to help secure payment and resolve disputes.

Engaging a lawyer sends a strong signal to debtors that you are serious and allows you to ensure that your legal rights are protected.

Why Engage a Lawyer for Debt Recovery?

Using a lawyer rather than relying solely on a debt collector can offer significant benefits:

• Authority and enforceability: Lawyers can take formal legal steps, including commencing court proceedings, which debt collectors cannot.
• Transparent costs: We provide clear estimates of legal costs, so you know your likely legal expenses upfront.
• Stronger position: A lawyer’s involvement demonstrates seriousness and can increase the likelihood of payment.
• Strategic guidance: Our lawyers assess each situation carefully and advise on the most effective course of action.

Our Debt Recovery Services

We provide a complete range of services to recover debts efficiently.

Letters of Demand

A Letter of Demand is often the first (and sometimes final) formal step in resolving a debt. It clearly outlines the debt, sets payment terms, and explains the consequences if the debtor fails to comply.

Our approach includes:

1. Document collection and review: Collecting invoices, contracts, correspondence, and debtor information.
2. Settling terms of payment: We will adjust the terms of payment to suit your circumstances.
3. Drafting the letter: Outlining the debt, repayment schedule, and consequences for non-payment.
4. Client review: You may approve the draft letter before it is sent.
5. Sending the letter: Sent via email and/or registered post, with copies retained for your records.
6. Escalation advice: If payment is not received, we guide you through court proceedings or further recovery steps.

A carefully prepared Letter of Demand can result in prompt repayment without needing the escalate the matter further.

Deeds of Acknowledgment of Debt

A Deed of Acknowledgment of Debt is a formal document where a debtor confirms a debt exists and the amount owed. This provides certainty and legal enforceability, making it a valuable tool for creditors.

Benefits include:

• Clarity and certainty: The debt and repayment terms are clearly documented.
• Enforceability: Acts as conclusive evidence if there is a default in payment.
• Security options: Can include guarantees, caveats, or security over assets.
• Preserving rights: Maintains your ability to take legal action if necessary.

Our team drafts and enforces these deeds to ensure your interests are fully protected.

Caveats and Caveat Disputes

Caveats are an important legal tool for protecting interests, but disputes can arise over their validity or enforcement. We offer guidance and representation in Western Australia for:

• Assessing caveatable interests: Confirming whether your interest qualifies for lodging a caveat.
• Preparing and registering caveats
• Resolving disputes: Challenging improper caveats or defending yours against removal.
• Court representation: Acting in Supreme Court applications for caveat extension or removal, and negotiating settlements where appropriate.

Caveat disputes can disrupt property deals or create financial risk, offering a useful tool for securing payment of a debt. Acting early is crucial to safeguard your interests.

Statutory Demands

A Statutory Demand may be a powerful legal tool available under section 459E of the Corporations Act 2001 (Cth) for creditors owed $4,000 or more by a company and where there is no genuine dispute about the debt. It requires the debtor company to pay the debt, reach a settlement, or apply to set aside the demand within 21 days of service.

If the company fails to act within that period, it is presumed insolvent, allowing the creditor to seek orders to wind up the company and appoint a liquidator.

Our services include:

• Issuing statutory demands: Preparing and serving compliant statutory demands to prompt payment or confirm a company’s insolvency.
• Responding to statutory demands: Advising debtor companies on whether grounds exist to set aside the demand (such as a genuine dispute or offsetting claim).
• Applications to set aside: Preparing urgent court applications to set aside, noting the strict 21-day time limit.
• Strategic guidance: Advising whether a statutory demand is the most effective next step in your debt recovery process.

The consequences of issuing or ignoring a statutory demand can be significant. Our lawyers provide timely, practical advice to ensure compliance with the Corporations Act 2001 (Cth) and to protect your commercial position.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone conversation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Letters of Demand in Perth

We provide practical, cost-effective legal advice for clients needing to recover debts or resolve disputes. A Letter of Demand is often the first (and sometimes final) formal step in seeking payment or compliance, giving debtors a clear opportunity to act before legal proceedings are necessary.

What is a Letter of Demand?

A Letter of Demand is a formal document sent by a creditor to a debtor demanding payment of a debt or compliance with a specific obligation. It clearly sets out:

• the amount owed or the issue in dispute;
• how and when the debtor should pay or act; and,
• the consequences if the debtor does not comply, such as the commencement of legal action in a court.

This letter not only communicates your request clearly but also signals to the debtor that you are serious about enforcing your rights.

Our Letter of Demand Process

1. Relevant documents and details:

We ask you to supply:

• • • relevant invoices;
    • contracts/quotations/terms of agreement;
    • any relevant correspondence in relation to the debt;
    • your legal name and contact information; and,
    • the debtor’s contact details.

2. Determine payment terms:

Payment is usually demanded to be made within 7-14 days, however, this can be tailored to your preference and circumstances.

Payment may be directed to our trust account, or to your nominated bank account.

3. Draft the letter:

Once we have the relevant documents and details, and understand your preferred terms for payment, our lawyers prepare a clear, professionally worded letter, outlining the debt, repayment requirements, and consequences for non-compliance.

4. Review and approval:

Unless you instruct otherwise, you will be invited to review a draft version of the letter before it is sent.

5. Send the letter:

The letter is sent by email and/or registered post to ensure receipt. A copy is provided to you for your records.

6. Next steps if unpaid:

If the debtor does not make payment, we can advise on escalation, including filing a claim in the relevant court or considering a Statutory Demand where appropriate.

Need Help with a Letter of Demand?

If you require a Letter of Demand or advice regarding debt recovery, please contact us for a free initial phone consultation.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Deed of Acknowledgment of Debt in Perth

We provide clear and practical legal advice for individuals and businesses seeking to formalise or recover outstanding debts. A Deed of Acknowledgment of Debt is a straightforward yet powerful legal instrument that records a debtor’s acknowledgment of a debt owed, offering certainty and enforceability should repayment issues arise later.

Our experienced lawyers can assist throughout Perth and Western Australia in preparing and enforcing Deeds of Acknowledgment of Debt, ensuring that your interests are properly protected.

Understanding a Deed of Acknowledgment of Debt

A Deed of Acknowledgment of Debt is a formal document by which a debtor confirms the existence and amount of a debt owed to a creditor. Once executed, it serves as conclusive evidence of the debt, meaning the debtor cannot later dispute the debt’s existence or amount.

This type of deed is often used to:

• Record an existing loan or outstanding payment.
• Formalise informal or verbal repayment arrangements.
• Support a payment plan between parties.
• Extend or preserve a creditor’s right to recover the debt through court action.

Unlike a loan agreement, which creates the debt, a Deed of Acknowledgment of Debt confirms that a debt already exists. This distinction is important when seeking to secure your position as a creditor or avoid future disputes about repayment.

Benefits of a Deed of Acknowledgment of Debt

Properly prepared, a Deed of Acknowledgment of Debt can:

• Provide legal certainty and avoid the need for costly litigation to prove a debt exists.
• Set out clear repayment terms, including due dates, interest, or instalments.
• Include security provisions, such as a caveat, guarantee, or security interest over assets.
• Contain default and enforcement clauses, ensuring the creditor’s rights are protected if the debtor fails to pay.
• Preserve the limitation period for debt recovery, giving the creditor more time to take legal action if necessary.

For creditors, this document is a valuable tool to safeguard against disputes or defaults, while for debtors it provides transparency and clarity around repayment obligations.

Need Help with a Deed of Acknowledgment of Debt?

If you are owed money or wish to formalise an existing debt, contact our team to discuss how a Deed of Acknowledgment of Debt can help protect your interests. Our lawyers will explain your options clearly and prepare the necessary documentation to ensure your rights are secured.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Caveats and Caveat Disputes

Caveats are a crucial legal tool for protecting interests in land. However, when disputes arise regarding their validity or enforcement, the consequences can be significant. Our experienced legal team can provide expert advice and assistance to navigate the complexities of caveat disputes in Western Australia.

What is a Caveat?

A caveat is a legal notice registered on the title of land, indicating that someone claims an interest in the property. Its purpose is to prevent the property owner from transferring or encumbering the property without notifying the caveat holder. The caveat serves as a “warning” to anyone who conducts a title search, alerting them to the existence of a caveat.

However, a caveat does not in and of itself create an interest in the property; it merely notifies others of the caveator’s interest.

Why Are Caveat Disputes Common?

Caveat disputes often occur when:

• A party lodges a caveat without a valid, caveatable interest in the property.
• A caveat is challenged by a property owner who wants it removed or extended.
• A caveat prevents a property transaction, such as a sale or mortgage, from proceeding.

Given the potential consequences, such as financial loss to the property owner or liability for improper lodging, caveat disputes can become urgent. Legal advice should be sought promptly to protect your interests.

Our Caveat Dispute Services

We have extensive experience handling caveat disputes, including the preparation, enforcement, and removal of caveats. Our services in this area include:

• Advising on Caveatable Interests: We can help you determine if you have a valid interest capable of supporting a caveat.
• Drafting and Lodging Caveats: Our team can assist in drafting and lodging caveats to protect your legal or equitable interests in property.
• Disputing or Removing Caveats: If you need to challenge a caveat lodged on your property, we can represent you in applications to have it removed. Similarly, we can help you extend the operation of a caveat if you are facing a 21-day notice of lapse.
• Court Proceedings: We are experienced in representing clients in the Supreme Court in applications for the extension of caveats or defending actions to remove caveats. Our team is also adept at negotiating settlements outside of court to resolve caveat disputes more efficiently.

How Caveats Can Affect Property Transactions

Caveats can stop property sales, mortgages, and other dealings from proceeding, causing potential delays or financial losses. If you are involved in a caveat dispute, it is essential to act quickly and seek legal advice to protect your interests and avoid the financial ramifications of a caveat dispute.

Contact Us

If you are involved in a caveat dispute, or you need advice on lodging or removing a caveat, contact our team at Vogt Legal.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

Statutory Demands in Perth

Vogt Legal provides clear and practical legal advice for both creditors seeking to issue a statutory demand and companies responding to one. Statutory demands are a powerful legal mechanism under the Corporations Act 2001 (Cth) and must be used carefully to avoid serious legal and financial consequences.

Understanding Statutory Demands

A statutory demand is a formal notice issued by a creditor to a company requiring payment of a debt that is $4,000 or greater. It must:

• Be in the prescribed form under section 459E of the Corporations Act 2001 (Cth);
• Set out the amount owed;
• Be signed by the creditor or their lawyer; and
• Be supported by an affidavit verifying the debt, unless the debt arises from a court judgment.

Once served, the company has 21 days to either:

1. Pay the debt in full; or
2. Apply to the Supreme Court of Western Australia to have the demand set aside.

If the company does not comply within 21 days, it is presumed to be insolvent, allowing the creditor to apply to have the company wound up in liquidation.

When to Use a Statutory Demand

While a statutory demand can be an effective tool for debt recovery, it should only be used where there is no genuine dispute about the debt. Improperly issuing a demand can expose a creditor to legal risk and costs if the company successfully applies to set it aside.

A statutory demand may be appropriate when:

• The debtor is a company (not an individual);
• The debt is due and payable and exceeds $4,000;
• There is no genuine dispute about the existence or amount of the debt; and
• You have reason to believe the debtor company may be insolvent or unwilling to pay.

Where a statutory demand is not appropriate, other recovery methods such as a Letter of Demand or Deed of Acknowledgment of Debt may be more suitable.

Responding to a Statutory Demand

If your company has been served with a statutory demand, you must act immediately. The 21-day deadline is strict — missing it can have severe consequences.

Your options include:

• Paying the debt: Where the debt is undisputed and funds are available.
• Negotiating a settlement: In some cases, creditors may agree to payment terms or partial settlements.
• Applying to set aside the demand: If you believe the debt is genuinely disputed, or you have an offsetting claim, an application can be made to the Supreme Court of Western Australia under section 459G of the Corporations Act 2001 (Cth).

Applications to set aside must be filed and served within 21 days of service.

Why Legal Advice is Essential

Both issuing and responding to statutory demands require strict compliance with statutory requirements. An error in the form, service, or timing of the demand can render it invalid or expose a creditor to costs. Likewise, a company that ignores or delays responding risks being presumed insolvent and facing winding up proceedings.

Our experienced lawyers assist with:

• Drafting and issuing statutory demands in compliance with the Corporations Act 2001 (Cth);
• Advising on whether a statutory demand is appropriate in your circumstances;
• Responding to and applying to set aside statutory demands; and
• Representing clients in Supreme Court proceedings relating to winding up applications.

Need Help with a Statutory Demand?

If you are considering issuing a statutory demand, or your company has received one, seek advice immediately. Our team at Vogt Legal provides timely and practical guidance to protect your interests and ensure compliance with the law.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone consultation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

At Vogt Legal, our family law team provides clear, accurate, and results-driven legal advice.

We assist clients navigating divorce, separation, and property settlement matters across Western Australia.

We combine legal precision with effective communication so clients stay informed and confident at every stage.

Family law services we offer

Our family law team acts in a range of matters in Western Australia, including:

• Divorce
• De facto relationships
• Property / financial disputes
• Financial agreements

We do not act in child custody, child support or binding financial agreement matters.

Why choose Vogt Legal for Family Law Matters

• We take the time to understand each client’s circumstances.
• We are robust advocates. Whether in negotiation, mediation, or at court, we will protect your interests with precision.
• We focus on the law. Each client receives thorough investigation, research and preparation.
• We are client-goal oriented. We focus on practical results that help you move forward with confidence.
• We prioritise client communication. Our secure client portal and mobile app provide real-time updates, file sharing, and direct messaging with your lawyer, free of charge.

How our fees work

Legal costs should be predictable and fair.

Our clients always receive:

• up-front fee estimates;
• regular updates; and,
• written notice if legal fees are expected to change.

For further information, read some of our articles.

Talk to us today for a FREE initial telephone conversation.

Our Services

Located in Northbridge, just 5 minutes from the CBD.

Suite 1, Level 5, 102 James Street, Northbridge, WA, 6003

Contact  us today for a FREE initial telephone consultation.

How Divorce Works in Western Australia

At Vogt Legal, we help clients understand and manage every step of the divorce and separation process in Western Australia.

Divorce is the most straightforward type of marriage dispute.

This is because divorce is only about ending a marriage relationship.

Divorce applications do not decide marital disputes about property, maintenance or children.

According to the Family Court of Western Australia Annual Review 2024, the Family Court of Western Australia received 5,741 divorce applications in 2024 and 3,241 applications for consent orders (of which 90.1% were for financial issues only).

These statistics show that most couples end their marriage formally and settle issues about money and children privately without further litigation.

Grounds for Divorce: Irretrievable breakdown (s48, Family Law Act 1975)

A court may grant a divorce if it is satisfied that the marriage has broken down irretrievably. This is sometimes called the ‘no-fault’ rule.

The ‘no fault’ rule means that no blame is assigned to either party for the divorce. It follows that the Family Court does not need to know why you are getting divorced. It is not necessary to prove that one of parties to the marriage committed adultery, desertion or other unreasonable behaviour.

All you need to prove is that there has been an irretrievable breakdown of the marriage, and there are no prospects of reconciliation.

This usually means there is nothing to fight about legally in divorce proceedings. Divorce cases are usually uncontested, and many are filed as joint applications.

To prove irretrievable breakdown, the parties must show:

• 12 months’ separation; and,
• No reasonable prospect of reconciliation.

Separation and what it means (s48 and s49, Family Law Act 1975)

You can be separated even if you still live in the same home. This is known as “separation under one roof.”

Examples of separation include:

• Sleeping in separate bedrooms
• Ceasing to act as a couple
• Telling others that the relationship has ended

If spouses briefly resume living together for less than three months and separate again, the two periods of separation are added together.

It is important to remember the date of separation because you’ll need to write it on the divorce application form.

Divorces and children (s 55A, Family Law Act 1975)

The Family Court will not grant a final order of divorce unless it has made a finding about the well-being of your children.

The Family Court must be satisfied that:

• there are no children were born of the marriage under 18 years of age; or
• proper care arrangements have been made for all children.

The Family Court looks at the whole picture to see if proper arrangements for children have been made. This includes:

• where the children will live;
• how the children will be cared for;
• how their growth and general welfare will be handled;
• the child’s bond with each parent and with their siblings.

If the Family Court doubts that proper arrangements for children have been made, it can adjourn the divorce proceeding ask for a report from a family consultant regarding those arrangements before finalising the divorce.

When a divorce becomes final (s55 and s5, Family Law Act 1975)

A divorce does not become final right away.

It becomes final one calendar month and one day after the court makes the divorce order.

During that month:

• The parties can reconcile and apply to rescind the divorce order. This provides the parties with a cooling off period.
• Either party may appeal the decision. Divorce orders are unappealable once they come into effect.

The court has the power to lengthen or shorten this one-month period.

After the divorce comes into effect, both parties may re-marry.

After a divorce is final, parties have one year to apply for property adjustment orders.

Read more about property settlement disputes here.

How to apply for Divorce in Western Australia

To get divorced, at least one party to the marriage must:

• Be an Australian citizen; or
• Regard Australia to be their permanent home; or
• Have lived in Australia as an ordinary resident for the past year.

You will need to:

• Provide a copy of your marriage certificate to the Family Court
• Prove citizenship or residency (if born overseas)
• Complete the Form 3 – Application for Divorce
• Swear an affidavit of evidence about the breakdown of your marriage and explaining when the parties separated
• Lodge the Form 3 – Application for Divorce and affidavit on the eCourts Portal of Western Australia; and,
• Pay the filing fee (on 1 July 2025, the standard filing fee was $1,125, and the concession fee was $375).

Divorce Lawyers Perth

We help clients across Western Australia prepare, file, and finalise divorce applications efficiently.

If you’re seeking divorce advice in Perth, contact Vogt Legal for legal advice.

Frequently Asked Questions – Divorce in Perth, Western Australia

My partner and I want to get divorced. What should we do?

If both partners agree to end the marriage, you can file a joint divorce application through the Family Court of Western Australia.

A joint application is the simplest and fastest way to get divorced because:

·         You do not need to serve documents on your spouse.

·         You usually do not have to attend court.

·         The Court processes the application electronically through the eCourts Portal.

To apply jointly, you and your spouse must have been separated for at least 12 months, even if you still live under one roof.

You’ll need your marriage certificate, proof of citizenship or residency, and the completed Form 3 – Application for Divorce.

If you and your partner agree, Vogt Legal’s divorce lawyers can help you prepare and file the joint application online quickly and correctly.

 I have been served with a divorce application. What should I do?

If you’ve been served with a divorce application in Western Australia, it helps to understand that divorce applications are usually procedural and not about property, money, or children.

Disputes about property, money or children are separate proceedings in the Family Court.

Under Australia’s no-fault divorce system, you generally cannot oppose a divorce simply because you disagree with it or do not want it to proceed.

 The Family Court will grant a divorce if it is satisfied that the marriage has broken down irretrievably, evidenced by separation for 12 months or longer.

 Defences to divorce applications may include:

·         The parties have not been separated for 12 months; or

·         Neither party is an Australian citizen, or permanent resident, or has lived in Australia for less than 12 months.

If you agree with the application, you don’t necessarily need to do anything further, although we do recommend that you take legal advice from a competent family lawyer.

If you disagree with the divorce application, you must file a Response to Divorce (Form 3A) within the applicable time period.

For advice about defending a divorce applicant, contact Vogt Legal for practical guidance.

Who gets custody of the children after a divorce in WA?

The Family Court will not grant an order for divorce unless it is satisfied that adequate arrangements have been made for the children.

The Family Court’s foremost duty in any case which involves children is to take into account the best interests of the child.

The Family Court must consider the following factors when weighing up the best interests of the child (s60CC, Family Law Act 1975):

·         The child’s safety

·         The child’s wishes and needs

·         The parents’ ability to meet those needs

·         The benefit of meaningful relationships with both parents

·         Anything else relevant to the child’s own unique situation

If both parents have agreed on orders and ask the Family Court to make them, the Family Court may, but does not have to, take into consideration all the matters listed above.

Am I entitled to (or will I have to pay) spousal maintenance after divorce in Western Australia?

There is no automatic right to receive, or duty to pay, spousal maintenance after a divorce.

Whether you are entitled to receive spousal maintenance, or will have to pay it, depends on:

·         Whether there is a need for financial support; and

·         Whether there is a capacity to pay for that support.

The Family Court will weigh up a wide range of factors determine whether spousal maintenance should be paid, including either party’s income, assets, ability to work, the care of children and how the marriage affected their capacity to earn an income.

For further information, read some of our articles.

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