Family Court of Western Australia

Property and Financial

Before making an application, you need to comply with the pre-action procedures, which are designed to help you come to an agreement.

If you reached an agreement, can apply for consent orders. If you need the Court to help you reach an agreement, you can make an application for property and financial orders.

 

To apply for property and financial orders, you need to file:

Initiating application (Form 1)

The Initiating Application form is to provide an overview of your case, and details of the orders you are requesting.

The Property Orders Kit has information on how to complete the Initiating Application.

What orders should I request?

There is information on property and financial orders in the before you apply section.

Sometimes people want orders to be made to deal with arrangements until the final decision is made. These are called interim orders, and can be requested in Question 3 of the Initiating Application.

Financial Statement (Form 13)

The Financial Statement (Form 13) gives the Court details of your property and financial assets and liabilities.

Read the Financial Statement Kit and then carefully complete each section. The Financial Statement Kit is the same as the Financial Statement (Form 13), but has additional information to help you complete the form. 

You must make a full and frank disclosure of your financial position, and there are penalties for making false statements. See the Disclosure page for more information.

Affidavit supporting the application

When you make an application for property and financial orders, you need to file an affidavit with the facts supporting your application.

The affidavit should set out the most important facts in support of the final orders. For more information, see Affidavit supporting the application.

Filing the application

Make two photocopies of the completed forms and affidavit, and file the forms at the Registry by post or in person.

Once the applications has been processed and filed, the copies will be returned by post within a few days. These copies are for serving on the other party, and will show the date of your first hearing.

Application Fee

There is a fee for filing an application for Property and Financial orders. Visit the fees page for more information.

What happens next?

Once the documents have been filed, you need to serve them on the other parties. You need to serve applications by special service. See the service page for more information.

Court staff will allocate a date for a Procedural Hearing at the time your application is filed. This will usually be about 6 weeks later. If you reach an agreement with the other party in that time, the Judicial Officer will be able to finalise the proceedings.

Reaching an agreement

You can also reach an agreement with the other party at any time. Filing an application doesn't lock you into taking your case to trial, and you can ask the Court to make formal orders based on your agreement.

You can let the judicial office know your agreement at the hearing, or file a Minute of Consent Orders signed by all parties and ask a Court Registrar to deal with the case in his or her office.

More information


Last updated: 16-Apr-2018

[ back to top ]