If you're in Western Australia and facing a separation, you may already have discovered that much of what you read online about Australian family law doesn't quite apply to you. That's because WA is different: it is the only state with its own family court, the Family Court of Western Australia, and the property rights of de facto couples in WA are set by WA law rather than the federal Family Law Act. None of that should stand between you and good advice. I'm Elisa Rothschild, principal at Fogarty Oliver Rothschild, practising family law since 2012. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide, and I work with WA clients by video, phone and email, handling every matter myself, from the first call to the final orders.
How family law works in WA — the short version
In every other state, family law matters go to the Federal Circuit and Family Court of Australia. In Western Australia they go to the Family Court of Western Australia, which applies the federal Family Law Act 1975 to married couples and to all parenting matters, and the Family Court Act 1997 (WA) to property and maintenance disputes between de facto couples. The court sets its own fees and uses its own forms and filing system, so the paperwork and costs are not identical to the rest of the country.
For married couples, the substance is the same as elsewhere: you can apply for divorce after 12 months of separation, and property is divided according to what is just and equitable. For parenting, the court decides what is in the children's best interests, whether the parents were married or not.
If you were in a de facto relationship in WA
De facto property claims in WA are made under WA law, not the federal Act. The ideas are similar — the court looks at contributions, future needs, and whether the outcome is fair — and there are thresholds, usually a relationship of at least two years, a child together, or significant contributions. There is also a time limit: generally two years from the end of the relationship. Superannuation can now also be divided as part of a WA de facto property settlement, which wasn't always the case.
Because the rules differ in the details, please don't rely on general Australian guides for a WA de facto matter. It's exactly the kind of thing worth checking in a free first conversation.
What I can do for you from Melbourne
Most family law work never needs you in a room with your lawyer. Agreed outcomes — consent orders, financial agreements, parenting plans, divorce applications — can be prepared by video, email and electronic or locally witnessed signatures, and, where the court is involved, filed with the Family Court of Western Australia. If a hearing is needed, I appear at the Perth registry by video link where the court permits; where local counsel is needed for a particular hearing, I brief them, so you're never managing two sets of lawyers.
A few things are governed by other WA laws and are best handled locally: Family Violence Restraining Orders, conveyancing of WA property, and wills. If your situation involves any of these, I'll tell you what needs to happen locally and help coordinate it.
If you're worried about your safety
If you or your children are not safe, that comes before anything else. In an emergency call 000. For confidential support, 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 concerns at the start, because they change what should go into any parenting arrangements.
What it costs
The Family Court of Western Australia sets its own court fees, so I'll confirm the current fees that apply to your matter. My own fees carry no interstate premium. Your fee is confirmed in writing after a free 30-minute consultation, once it's clear what your matter actually needs, and before any work starts.
If property such as the family home is being transferred between you, WA generally exempts transfers made under family law orders or a financial agreement from transfer duty, subject to conditions. We check how that applies to your property before anything is finalised.
Frequently asked questions — family law in Western Australia (online)
Can a Melbourne lawyer act for me in the Family Court of Western Australia?+
Yes. I am admitted in Victoria and to the High Court of Australia, which enables me to act in family law matters Australia-wide. I work with WA clients by video and phone, and appear at the Perth registry by video link where the court permits. Where local counsel is needed for a particular hearing, I brief them so you don't have to manage two sets of lawyers.
Why is WA different from the rest of Australia?+
Western Australia is the only state with its own family court, the Family Court of Western Australia, and it never handed its power over de facto relationships to the Commonwealth. So married couples and parenting matters are dealt with under the federal Family Law Act, but de facto property disputes are dealt with under the Family Court Act 1997 (WA). The court also has its own fees, forms and filing system.
We were in a de facto relationship in WA. What are my rights?+
You may be able to apply for a property settlement under WA law, usually if 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 the end of the relationship, and superannuation can now be divided as part of the settlement. The details matter, so it's worth a free first conversation before you decide anything.
How do I get divorced in WA?+
Divorce in WA is still under the federal Family Law Act: you need to have been separated for at least 12 months, and you can apply on your own or jointly. The application is filed with the Family Court of Western Australia rather than the federal court used in other states, and it sets its own filing fee.
I have a young child and we're separating. Where do I start?+
Start with the things that keep you and your child safe and settled, then get clear advice before agreeing to anything about property or parenting. In a free 30-minute consultation I'll listen to what's happening and give you an honest picture of your options, the likely next steps, and what they would involve — at your pace, with no obligation.
Family law help for Western Australia (online), 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 Western Australia (online) families — calmly, honestly, and always on your side.
Divorce lawyer in Western Australia (online)
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 Western Australia (online)
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 Western Australia (online)
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.