If you're in Perth and your relationship has ended, you may be carrying a lot at once: grief, worry about the children, and questions about the house and money that seem to need answers right now. Please know that feeling overwhelmed is a completely normal response to one of the hardest things a person can go through. You don't need to have it all worked out before you talk to someone. Part of what makes it confusing is that Western Australia does family law a little differently from the rest of the country, so a lot of what you read online may not quite fit your situation. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild. I'm admitted in Victoria and to the High Court of Australia, which allows me to act in family law matters anywhere in Australia, and I work with Perth clients by video, phone and email. I handle every matter myself, and I'll always take the time to explain what's happening and why.
How family law works in Perth
Family law matters in Perth go to the Family Court of Western Australia, not the federal court that hears these cases in other states. The Family Court of WA applies the federal Family Law Act 1975 to married couples and to all parenting matters, whether or not the parents were married. Property and maintenance disputes between de facto couples, though, are decided under a WA law, the Family Court Act 1997 (WA). The court has its own forms, filing system and fees.
That sounds complicated, but in practice the questions are familiar ones: what's fair, what the children need, and how to get to a settled arrangement with as little conflict as possible. My job is to help you understand where you stand and what your realistic options are, without jargon.
If you were living together but weren't married
If you and your former partner were in a de facto relationship in Perth, any property claim is made under WA law. The court looks at similar things to a marriage case — what each of you contributed, what each of you will need, and whether the result is fair — and there are thresholds, usually a relationship of at least two years, a child together, or significant contributions. There's also a time limit, generally two years from the end of the relationship, and superannuation can now be divided in a WA de facto settlement.
Because the details differ from the rest of Australia, I'd gently suggest not relying on national guides for a WA de facto matter. It's exactly the kind of question we can work through together in a free first conversation.
Making an agreement final: consent orders or a financial agreement
If you've already agreed how to divide things, or how the children will be cared for, there are two main ways to make it stick. Consent orders are made by the Family Court of Western Australia on the papers, so neither of you needs to attend a hearing. A financial agreement is a private contract that doesn't need court approval: married couples make a Binding Financial Agreement under the federal Act, and de facto couples in WA make a financial agreement under the Family Court Act 1997 (WA). Each of you needs independent legal advice before signing.
I'll explain which option suits your circumstances, prepare the documents so they're right for the WA court and WA law, and go through every clause with you before anything is signed.
When work or family is a long way away
Perth is a long way from almost everywhere, and many families here have someone who works away on FIFO rosters, or relatives in the eastern states or overseas. Those realities often shape what will actually work for children after a separation — rosters that change, school holidays spent with grandparents in another city or country, or one parent hoping to move away. Parenting arrangements can be written to fit real life, and I'll help you think through what's practical, not just what looks good on paper.
Working with me by video means you don't need to take time off to sit in an office in the city. I'm two or three hours ahead of you depending on the season, and we'll find times that suit your day.
If you don't feel safe
Your safety and your children's safety come first, always. In an emergency call 000. For confidential support any time, call 1800RESPECT (1800 737 732). In WA, protection is available through a Family Violence Restraining Order from the Magistrates Court. Please tell me about any safety worries at the very start — they matter, and they change what should go into any parenting arrangement.
What it costs
I keep my fees for WA clients lower than my Victorian fees, because I'd hate for cost to be the reason someone goes without proper advice at an already difficult time. As a guide: $750 for a joint divorce application or $990 for a sole one; $990 for consent orders covering property only or parenting only, or $1,490 for both; and a straightforward financial agreement from $1,490, with more complex agreements from $2,990 to $4,950. The Family Court of Western Australia sets its own court fees, so I'll confirm the current fees for your matter.
Your fee is confirmed in writing after a free 30-minute consultation, once we both understand what your matter actually needs, and before any work starts. If the family home is being transferred between you, WA generally exempts transfers under family law orders or a financial agreement from transfer duty, subject to conditions, and we'll check how that applies to you.
Frequently asked questions — family law in Perth
Can a Melbourne-based lawyer really help me in Perth?+
Yes. I'm admitted in Victoria and to the High Court of Australia, which allows me to act in family law matters Australia-wide, including in the Family Court of Western Australia. I work with Perth clients by video and phone, and where a hearing is needed I appear by video link where the court permits. If local counsel is ever needed for a particular hearing, I brief them myself so you're not juggling two sets of lawyers.
Which court deals with my separation in Perth?+
The Family Court of Western Australia. It applies the federal Family Law Act to married couples and to all parenting matters, and WA's Family Court Act 1997 to property disputes between de facto couples. It also has its own forms and fees, which is why WA guidance can look different from what you read elsewhere.
My partner works FIFO. How do parenting arrangements work around a roster?+
Parenting arrangements don't have to follow a standard week-on, week-off pattern. They can be built around a roster, with time that changes when the roster changes, and with ways for children to stay in touch while a parent is away. What matters is what's in the children's best interests, and I'll help you think through what will genuinely work for your family.
We were never married. Do I still have rights to property?+
You may. In WA, de facto property claims are made under the Family Court Act 1997 (WA), usually where you lived together for at least two years, have a child together, or made significant contributions. There's generally a two-year time limit from separation, so it's worth getting advice sooner rather than later.
How much will it cost?+
My fees for WA clients are lower than my Victorian fees: divorce from $750, consent orders from $990, and a straightforward financial agreement from $1,490. The Family Court of WA sets its own court fees, which I'll confirm for your matter. Your fee is set out in writing after the free 30-minute consultation and before any work begins.
What happens in the free consultation?+
You tell me what's happening and what's worrying you most, and I listen. Then I give you an honest picture of your options and the likely next steps, in plain English. It's by video or phone, confidential, and there's no obligation to go any further.
Family law help for Perth, 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 Perth families — calmly, honestly, and always on your side.
Divorce lawyer in Perth
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 Perth
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 Perth
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.