Whatever has brought you here, I'm sorry you're going through it. The end of a relationship can leave you feeling unmoored — your home, your routines and your sense of the future can all shift at once — and it's normal to feel anxious about what comes next. I'd like to help you get your bearings. Fremantle has its own character: a port city with its own rhythms, plenty of small businesses, and many people whose work doesn't fit neatly into nine to five. Those things can all matter when a family separates. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild. I'm admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters anywhere in Australia, and I work with Fremantle clients by video, phone and email. I handle every matter myself, and you'll never be passed along to someone you haven't met.
WA's Family Court and what it means for you
Western Australia is the only state with its own family court. The Family Court of Western Australia applies the federal Family Law Act 1975 to married couples and to all parenting matters, and WA's Family Court Act 1997 to property disputes between de facto couples. It has its own fees and paperwork, which is why general Australian guides don't always fit.
For you, the practical questions are usually simpler: how do we divide what we have fairly, how do we look after the children, and how do we make it final? I'll answer those in plain English and help you understand the choices in front of you.
When there's a small business in the mix
If you or your partner run a café, a shop, a trade business or a creative practice, separating can feel especially frightening, because the business may be both your livelihood and one of your biggest assets. It usually has to be valued and taken into account in the property settlement, alongside the home, superannuation and debts, and there are often several ways to deal with it that don't involve selling it.
I'll help you understand how the business fits into the overall picture, what information is needed, and what options might let it keep going. It's a conversation worth having early, before anything is agreed.
Shift work, the port and parenting
Many Fremantle families work shifts — at the port, in hospitality, in health, or further afield on FIFO rosters. Parenting arrangements don't have to follow a standard weekly pattern; they can be built around the hours parents actually work, so the children get real, settled time with each of you.
Parenting matters in WA are dealt with under the federal Family Law Act whether or not you were married, and the children's best interests always come first. Agreed arrangements can be set out in a parenting plan or made into consent orders.
Consent orders, financial agreements and de facto claims
If you've reached an agreement, consent orders made by the Family Court of Western Australia make it binding, usually without a hearing. A financial agreement is the private-contract alternative: a Binding Financial Agreement under the federal Act for married couples, or a financial agreement under the Family Court Act 1997 (WA) for de facto couples. Each of you needs independent legal advice before signing.
If you were de facto, WA law usually requires a relationship of at least two years, a child together, or significant contributions, and there's generally a two-year time limit from separation. Superannuation can be split as part of a WA de facto settlement.
If safety is a concern
Please put your safety, and your children's, first. In an emergency call 000. For confidential support call 1800RESPECT (1800 737 732). In WA, a Family Violence Restraining Order is made by the Magistrates Court. If anything is worrying you, tell me at the start so we can plan around it.
Fees, in writing, before anything starts
My fees for WA clients are lower than my Victorian fees — I'd much rather you get sound advice early than struggle on alone because of cost. As a guide: divorce is $750 for a joint application or $990 for a sole one; consent orders are $990 for property only or parenting only, or $1,490 for both; and a straightforward financial agreement starts from $1,490, with complex agreements from $2,990 to $4,950. The Family Court of Western Australia sets its own court fees, and I'll confirm what applies to your matter.
After a free 30-minute consultation, I confirm your fee in writing, so there are no surprises and nothing begins until you're comfortable.
Frequently asked questions — family law in Fremantle
Can you act for me in the Family Court of Western Australia from Melbourne?+
Yes. I'm admitted in Victoria and to the High Court of Australia, which allows me to act in family law matters Australia-wide. I work with Fremantle clients by video and phone, and appear by video link where the court permits. If local counsel is needed for a particular hearing, I brief them so you don't have to manage two sets of lawyers.
My partner and I run a business together. What happens to it?+
A business is usually valued and included in the property settlement with everything else. Depending on your circumstances, one of you might keep it and the other receive other assets, or there may be other options. Getting advice before agreeing to anything is really worthwhile.
I work shifts. Can parenting arrangements fit around that?+
Yes. Arrangements can be built around real working hours or rosters rather than a fixed weekly pattern, as long as they're in the children's best interests.
How do I get divorced if I live in Fremantle?+
Divorce in WA is under the federal Family Law Act: you need to have been separated for at least 12 months, and you can apply alone or jointly. The application is filed with the Family Court of Western Australia, which sets its own filing fee. My fee is $750 for a joint application or $990 for a sole one.
What happens in the free 30-minute consultation?+
You tell me what's going on, at your own pace, and I give you an honest, plain-English picture of your options and likely next steps. It's by video or phone, confidential, and there's no obligation.
Family law help for Fremantle, whatever you're facing
Whatever stage you're at, you don't have to work it out on your own. Here's how I help Fremantle families — calmly, honestly, and always on your side.
Divorce lawyer in Fremantle
From the divorce application itself through to dividing property and sorting arrangements for the children — handled one calm step at a time, in plain English. See how I help with divorce →
Child custody & parenting lawyer in Fremantle
Where the children live, time with each parent, and how the big decisions get made — always guided by what's genuinely best for them, never point-scoring. Parenting & children's issues →
Property settlement lawyer in Fremantle
Dividing the home, superannuation, savings and debts fairly, with as little conflict as possible. How property settlement works → · What a family lawyer costs →
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Last reviewed 2026-05-28.