Western Australia is seeing a sharp rise in divorce rates, with family lawyers experiencing a surge in demand. In a recent article for The Sunday Times (February 2025), Chantelle McGarvie, Partner and Director at Leach Legal, explored the factors driving this trend. She noted, “Financial stress, shifting relationship dynamics and changing social attitudes are all contributing to an increase in separations across WA.”
While the emotional toll of divorce is well understood, the legal and financial implications are equally significant. At Leach Legal, we specialise in guiding clients through complex separations, ensuring they have the right strategies in place to protect their financial future. Understanding the reasons behind this increase in divorces can help individuals navigate the process with clarity and confidence.
Why are WA divorce rates climbing?
Several key factors are contributing to the rise in separations across Western Australia.
Economic pressures
Financial strain remains one of the most common reasons couples separate. “Cost-of-living pressures and mortgage stress are pushing more couples to breaking point,” McGarvie explained. As interest rates rise and household budgets tighten, financial tensions can escalate, leading to more separations.
Post-pandemic relationship shifts
The COVID-19 pandemic forced many couples into prolonged periods of close contact, amplifying existing issues. While some relationships strengthened, others fractured under stress, job loss and shifting priorities. “Many couples who stayed together during the pandemic are now making the decision to separate as life returns to normal,” McGarvie observed.
Changing social and cultural attitudes
Divorce is no longer seen as the failure it once was. Social attitudes have shifted, with more people prioritising personal fulfilment over staying in an unhappy marriage. Increased awareness of legal rights and financial independence has also empowered individuals to take control of their future.
The legal process: what separating couples need to know
Divorce in Western Australia follows a structured legal process. Understanding the steps involved can help reduce uncertainty and stress.
Filing for divorce: Couples must be separated for at least 12 months before applying for a divorce. If there are children under 18, the court must be satisfied that proper arrangements are in place for their care.
Property settlements: Divorce does not automatically divide assets. A financial settlement must be reached through negotiation, mediation or court proceedings.
Spousal maintenance: In many cases, one partner may be required to provide financial support, in the form of spousal maintenance, to the other, depending on their earning capacity and financial needs.
Child support: Legal obligations around child support are separate from divorce proceedings but must be factored into financial planning.
The financial fallout: navigating complex property settlements
Financial settlements are often the most contentious aspect of divorce. Understanding key considerations can help individuals make informed decisions.
Dividing assets: Property, investments, superannuation and business interests are all considered in a settlement. Courts take into account financial and non-financial contributions, as well as future needs.
Superannuation splitting: Super is treated as property in a divorce and can be divided between spouses. This can significantly impact long-term financial security.
Binding financial agreements (BFAs): More couples are using BFAs to clarify financial arrangements before or during a marriage, reducing disputes in the event of a separation.
Debt responsibilities: Joint debts remain a liability even after separation, making it essential to reach clear agreements on repayment.
Strategies for a smoother divorce process
While divorce can be emotionally challenging, a strategic approach can help individuals move forward with greater financial stability.
Seek legal advice early: Understanding your rights and obligations early can prevent costly mistakes.
Prioritise financial planning: Engaging financial professionals can help manage assets, liabilities and long-term financial security.
Consider mediation: Resolving disputes outside of court can save time, money and stress.
Document everything: Clear records of financial transactions, contributions and agreements can streamline the settlement process.
McGarvie emphasised the importance of seeking expert advice early, stating, “Separation is not just an emotional process – it is a financial and legal one. Having the right strategy in place can make a significant difference to the outcome.”
The need for expertise in changing times
The rising divorce rate in Western Australia highlights the need for expert legal and financial guidance. With complex property settlements, spousal maintenance considerations and child support obligations, separating couples must navigate unfamiliar landscapes.
Leach Legal specialises in providing strategic legal advice tailored to each client’s unique situation. By understanding the trends driving this increase in divorces, individuals can take proactive steps to protect their financial future and move forward with confidence.
If you are considering separation or need guidance on the legal and financial aspects of divorce, our team is here to help. Contact us for a consultation today.
