When a relationship ends, it can feel as though everything you'd planned has come apart at once. If you're also juggling shift work, a FIFO roster, or the uncertainty of Defence postings, the questions about where the children will live and what happens to the house can feel even heavier. Please be gentle with yourself — this is genuinely hard, and it's okay not to know where to start. Rockingham and the surrounding suburbs are home to many Defence families connected to HMAS Stirling on Garden Island, and many others who work in the Kwinana industrial area or fly in and fly out. 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 across Australia, and I work with Rockingham clients by video, phone and email. I handle every matter myself, and I'll always make time to explain things properly.
How family law works in WA
Western Australia has its own family court, the Family Court of Western Australia. It applies the federal Family Law Act 1975 to married couples and all parenting matters, and the Family Court Act 1997 (WA) to property disputes between de facto couples. It also sets its own fees and uses its own forms.
Most separations are resolved by agreement rather than by a judge, and I'll help you understand your options so that whatever you agree to is fair and properly made final.
Defence families and postings
If you or your former partner serve in the Navy or elsewhere in the Defence Force, separation can bring extra questions. A posting interstate can make shared parenting harder, deployments can interrupt arrangements, and Defence superannuation is often one of the larger assets. Defence super can generally be split as part of a property settlement, like other superannuation, although the valuation rules can be particular.
Parenting arrangements can be written to allow for postings and time away, with ways for children to stay connected to both parents. If a move is on the horizon, it's important to get advice before anything is decided, because relocating with children after separation needs care.
Shift work, rosters and children
For families working shifts at Kwinana or on FIFO rosters, a standard alternate-weekend pattern often doesn't fit. Parenting arrangements can follow the roster instead, so children get regular, meaningful time with both parents. The guiding question is always what's in the children's best interests, and that applies whether you were married or not.
Making it final, and de facto property in WA
Once you've agreed, consent orders made by the Family Court of Western Australia make the arrangement binding, usually without a court appearance. A financial agreement is the private alternative: a Binding Financial Agreement under the federal Act for married couples, or a financial agreement under WA's Family Court Act 1997 for de facto couples, with independent legal advice for each of you before signing.
If you were de facto, WA law generally needs a two-year relationship, a child together, or significant contributions, and there's usually a two-year time limit from separation. Superannuation can be divided in a WA de facto settlement.
Your safety comes first
If you or your children are at risk, call 000 in an emergency, or 1800RESPECT (1800 737 732) for confidential support. In WA, Family Violence Restraining Orders are made by the Magistrates Court. Please let me know about any safety worries early, so any arrangements we make protect you.
What it will cost
My fees for WA clients are lower than my Victorian fees, because I want good advice to be within reach when you need it most. As a guide: divorce is $750 joint or $990 sole; consent orders are $990 for property only or parenting only, and $1,490 for both; a straightforward financial agreement is from $1,490, and complex agreements from $2,990 to $4,950. The Family Court of Western Australia sets its own court fees, and I'll confirm the current ones for your matter.
Your fee is confirmed in writing after the free 30-minute consultation, before any work starts. If the home is transferred between you under orders or a financial agreement, WA generally exempts the transfer from duty, subject to conditions, and we'll check that for you.
Frequently asked questions — family law in Rockingham
I'm in the Navy and may be posted interstate. How does that affect parenting arrangements?+
Arrangements can be written to allow for postings and deployments, with ways for children to stay connected to both parents. If a posting would mean moving children away from the other parent, get advice before deciding anything, because relocation after separation needs careful handling.
Can Defence superannuation be split?+
Generally yes. Defence superannuation can be divided as part of a property settlement, like other super, though valuing it can involve particular rules. I'll explain how it fits into your overall settlement.
Do I need to go to court in Perth?+
For an agreed outcome, usually not. Consent orders are decided by the Family Court of Western Australia on the papers. If a hearing is ever needed, I appear by video link where the court permits, and brief local counsel myself if needed.
We weren't married. Can I still claim a share of the property?+
Possibly. De facto property claims in WA fall under the Family Court Act 1997 (WA), usually where you lived together for two years or more, have a child, or made significant contributions. There's generally a two-year time limit from separation.
How much does a divorce cost?+
My fee is $750 for a joint application or $990 for a sole one, lower than my Victorian fees. The Family Court of WA sets its own filing fee, which I'll confirm. Everything is confirmed in writing after the free consultation and before any work begins.
Family law help for Rockingham, 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 Rockingham families — calmly, honestly, and always on your side.
Divorce lawyer in Rockingham
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 Rockingham
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 Rockingham
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.