Family lawyer for Joondalup and Perth's northern suburbs — by video

Western Australia has its own family court, the Family Court of Western Australia, which sits in Perth. For married couples, and for all parenting matters, it applies the federal Family Law Act 1975 — the same law as the rest of the country. For property disputes between de facto couples, it applies WA's Family Court Act 1997. The court sets its own fees and has its own forms.

Most separating families never need to set foot in that court. The usual path is to reach an agreement, often with the help of mediation, and then make it legally binding. I'll help you see which path fits your situation.

For a lot of families in the northern suburbs, the home is the biggest asset and the biggest worry. Can one of you refinance and keep it? Should it be sold? What happens to the mortgage in the meantime? There's rarely a one-size answer, and it helps to look at the whole picture — the house, superannuation, savings, debts and what each of you will need going forward — before deciding anything.

I'll go through that picture with you calmly, explain how WA law approaches it, and help you weigh the options so any decision you make is an informed one. If the home is transferred between you under family law orders or a financial agreement, WA generally exempts the transfer from duty, subject to conditions, and we'll check how that applies.

When children are involved, most parents want the same thing: for the kids to feel safe, loved and settled. Parenting arrangements can be made by agreement in a parenting plan or turned into consent orders, and they can be shaped around school, sport and the routines your children already know. If one of you works FIFO, which many northern suburbs families do, the arrangements can follow the roster rather than a fixed weekly pattern.

Parenting matters in WA are decided under the federal Family Law Act whether or not you were married, with the children's best interests at the centre. I'll help you think through what's realistic and what will hold up as the children grow.

Once you've reached agreement, consent orders filed with the Family Court of Western Australia make it final and enforceable, usually without anyone attending court. Alternatively, a financial agreement is a private contract about property: a Binding Financial Agreement under the federal Act if you were married, or a financial agreement under the Family Court Act 1997 (WA) if you were de facto. Each of you must get independent legal advice before signing.

If you were in a de facto relationship, please be aware there's generally a two-year time limit from separation to bring a property claim in WA, and usually a threshold such as two years together or a child together. Superannuation can be divided in a WA de facto settlement.

If you or your children aren't safe, that comes before everything else. In an emergency call 000, and for confidential support call 1800RESPECT (1800 737 732). In WA, a Family Violence Restraining Order is made by the Magistrates Court. Let me know about any concerns early on, so we can make sure any arrangements protect you.

I know how stretched money can be when one household becomes two, so my fees for WA clients are lower than my Victorian fees. As a guide: $750 for a joint divorce application, $990 for a sole one; $990 for consent orders covering property only or parenting only, $1,490 for both; and a straightforward financial agreement from $1,490, with complex agreements from $2,990 to $4,950. Court fees are set by the Family Court of Western Australia, and I'll confirm the current fees that apply to you.

We start with a free 30-minute consultation. Afterwards I confirm your fee in writing, so you know exactly where you stand before any work begins.