Family law in Perth is the area of Australian law that governs legal issues involving families, including divorce, separation, parenting arrangements, property settlements, financial agreements and family violence. In Western Australia, these matters are managed through the state’s own Family Court, with some legal rules and court processes differing from the rest of Australia.
Knowing which rules apply to your situation is the real starting point, because the same dispute can be handled differently depending on whether you were married or in a de facto relationship and how long ago you separated.
This guide explains how family law works in Western Australia, what legal rights and processes apply, and when it may be time to speak with a family lawyer.
Key Takeaways:
- Perth family law covers divorce, parenting arrangements, property settlement, financial agreements, child support, and family violence protection.
- Western Australia is the only state with its own Family Court. Several processes, especially around de facto property matters follow the Family Court Act 1997 (WA) rather than the federal legislation.
- Separation and divorce are legally distinct. Each triggers its own time limit for property and financial claims.
- Most family law disputes are resolved through negotiation, mediation or consent orders rather than a court hearing.
- Getting legal support early helps you avoid missed deadlines, unenforceable agreements and costly disputes.
What Is Family Law?
Family law is the area of Australian law that establishes the legal rules and court processes governing the formation and breakdown of marriages, de facto relationships and families. It covers separation and divorce, parenting arrangements, property and financial settlements, child support and protection from family violence, and its guiding principle is to resolve disputes fairly while protecting the best interests of any children involved.
Most family law matters nationally are governed by the Family Law Act 1975 (Cth). Western Australia is the only state with its own family court, the Family Court of Western Australia, because WA referred its family law powers to the Commonwealth only partially when the rest of the country came under national jurisdiction. The result is a court that applies the same federal Family Law Act for most matters but relies on its own Family Court Act 1997 (WA) for others, particularly de facto property disputes. That distinction shapes several of the practical differences covered later in this guide.
Family Law at a Glance
| Family Law Matter | What It Covers |
| Divorce | Ending a legal marriage |
| Parenting Arrangements | Children’s living arrangements and parental responsibilities |
| Property Settlement | Division of assets, debts and financial interests |
| Consent Orders | Court-approved, legally binding agreements |
| Binding Financial Agreements | Private financial agreements between partners |
| Child Support | Financial support for children after separation |
| Family Violence | Legal protection through restraining orders and related measures |
The Australian Bureau of Statistics recorded 49,148 divorces granted across Australia in 2025, up 4.1 per cent on the year before, with the typical marriage now lasting a median of 9.4 years to separation. Family law touches a meaningful share of Australian households every year, which is part of why understanding the process before you need it is so useful.
Who Does Family Law in WA Apply To?
Family law applies to married couples, de facto couples (including same-sex partners), parents, and in some cases grandparents or other significant carers seeking a relationship with a child. It applies whether a relationship is ending amicably or in dispute, and regardless of whether children are involved.
De facto couples are treated broadly the same as married couples for property and parenting purposes, but WA adds one real twist: because the state kept its own jurisdiction over de facto property matters when it partially referred power to the Commonwealth, those disputes are decided under the Family Court Act 1997 (WA) rather than the federal Family Law Act. The practical outcome is usually similar either way, but knowing which law applies matters when it comes to time limits and procedure, both covered shortly.
What Are the Most Common Family Law Matters in Perth?
The matters we see most often at Hoe Lawyers fall into a handful of recurring categories:
- Divorce and separation
- Parenting arrangements, including parenting orders and parenting plans
- Property and financial settlements
- Consent orders
- Binding financial agreements
- Child support
- Spousal maintenance
- Family violence restraining orders
Divorce vs Separation: What’s the Difference?
Each carries its own process and, in several cases, its own time limit, which is exactly where people run into trouble if they wait too long to get advice.
Separation is the point at which a couple stops living together as a couple, whether or not they physically move out of the same house. Divorce is the formal legal process that ends a marriage, and in Australia you can only apply for one once you’ve been separated for at least 12 months.
Divorce itself doesn’t deal with property, parenting or finances. Those are separate applications, and married couples generally have 12 months from the date their divorce order takes effect to apply for a property settlement or spousal maintenance, under section 44(3) of the Family Law Act 1975.
If you’re at the start of this process, our guide on how to get a divorce in Australia walks through the application step by step. Additionally, our guide on the marriage separation process in Australia covers what counts as separation in the eyes of the law.
How Do Parenting Arrangements Work in WA?
Parenting arrangements are decided according to what is in the best interests of the child, weighing factors such as safety, the benefit of a meaningful relationship with both parents, and each parent’s capacity to meet the child’s needs. Arrangements can be set out informally as a parenting plan or made legally enforceable through a parenting order.
The distinction matters in practice: a parenting plan is a written agreement between the parents that a court cannot enforce, while a parenting order is made by consent or by a judge and can be.
Our Financial and Parenting Orders team can help you work out which option suits your circumstances. You can also read our guide to child custody and parenting orders in WA to explore parental responsibility and how shared care actually works day to day.
Moreover, property settlements involve more than the family home. They can include investment properties, superannuation, businesses, trusts, vehicles, savings and debts. Getting advice early helps ensure every relevant asset and liability is properly identified before any agreement is signed.
How Is Property Divided After Separation in WA?
Property is not automatically split 50/50. The Family Court applies a four-step process:
- Identifying the property pool
- Assessing each party’s financial and non-financial contributions
- Weighing future needs such as age, income, and the ongoing care of children
- Deciding what division is just and equitable in the circumstances
That process changed in a meaningful way on 10 June 2025, when the Family Law Amendment Act 2024came into effect. Courts must now explicitly consider the economic effect of family violence, including financial abuse, on a party’s contributions and future needs. The duty to disclose financial information is now written directly into the Family Law Act itself rather than sitting only in court rules, and there is a new framework for deciding what happens to family pets when parties can’t agree.
Time limits are one of the most commonly missed details in property matters, and they differ depending on your relationship type:
| Relationship type | Time limit to apply |
| Married couples | 12 months from the date the divorce order takes effect |
| De facto couples in WA | 2 years from the date of separation (Family Court Act 1997 (WA), s205ZB) |
Miss either window and you generally need the court’s permission to bring a claim, which isn’t always granted, so this is one area where acting early genuinely protects your entitlements.
What Are Consent Orders and Binding Financial Agreements?
Consent orders are agreed arrangements, whether about parenting or property, that both parties formalise and file with the court so they become legally binding without needing to attend a hearing. They’re often the fastest and least costly way to make an agreement enforceable.
Read our consent order guide to explore the types, benefits and requirements in more detail.
A binding financial agreement (BFA) is a private contract between two people setting out how assets will be divided if the relationship ends. Unlike consent orders, a BFA doesn’t need court approval, but it must meet strict legal requirements, including independent legal advice for both parties, to be enforceable. BFAs aren’t only for couples with significant wealth; they’re commonly used to protect a family business, an inheritance, or assets brought into a relationship.
How Does Child Support Work in WA?
Child support is assessed by Services Australia using a formula based on both parents’ incomes, the cost of raising children and how care time is shared between them. Parents can also step outside the formula with a private agreement, either a limited or binding child support agreement, if they want more flexibility.
Child Support vs Parenting Orders
These are separate matters, even though people often assume they’re linked. A parenting order deals with where a child lives and how decisions about their upbringing are made; child support deals purely with each parent’s financial contribution. You can have one without the other, and a dispute over care time doesn’t automatically pause a child support assessment.
Limited vs Binding Child Support Agreements
A limited child support agreement requires a Services Australia assessment already in place, must be for an amount equal to or greater than that assessment, and doesn’t require independent legal advice to sign. It generally runs for up to three years, or ends earlier if either parent’s income shifts the assessment by 15 per cent or more.
A binding child support agreement is more flexible on amount, which can be higher, lower or equal to the formula assessment, and typically doesn’t need a prior assessment in place. Both parents must obtain independent legal advice and sign a certificate confirming this before it’s valid, and once signed it’s genuinely difficult to end, generally only by mutual agreement or, in narrow circumstances such as fraud, by court order.
Change of Assessment
If the standard formula doesn’t reflect your real circumstances, either parent can apply to Services Australia for a change of assessment based on special circumstances, such as the high costs of a child’s special needs, the cost of maintaining contact with a child who lives far away, or an income that hasn’t been accurately captured by the formula.
What Protection Is Available for Violence?
Individuals who suffer family violence in WA have the option of applying for a Family Violence Restraining Order (FVRO) in the Magistrates Court to restrain the abusive partner from contacting or approaching them. After the changes to the Family Law Act in June 2025, the law now includes economic or financial abuse in its definition of family violence. This entails controlling the victim’s access to money, finances, or property.
Safety concerns are treated urgently. If you’re in immediate danger, contacting police comes first. For guidance on what an FVRO application actually involves, our team can talk you through the process.
Mediation or Court: Which Path Is Right for You?
Most parenting matters must go through family dispute resolution (mediation) before an application can be filed with the court, unless there’s urgency, family violence, or child abuse involved. Property matters aren’t legally required to go through mediation first, but courts and lawyers strongly encourage it because it’s faster, cheaper and considerably less adversarial than litigation.
Where parties can’t agree privately, financial matters generally progress through a conciliation conference before any final hearing. Separating couples with a smaller asset pool may also be eligible for the Family Court of Western Australia’s streamlined Priority Property Pool under $500,000 pathway, which is designed to resolve simpler property disputes faster than the standard court process.
Common Misconceptions About Family Law in WA
A handful of beliefs come up again and again in initial consultations. They’re worth correcting early, before they shape someone’s expectations of an outcome:
- Separation isn’t the same as divorce. You can be separated for years without ever applying for divorce.
- Property isn’t always divided 50/50. The distribution will depend on contribution and future needs, not necessarily on a set formula.
- Parenting orders and parenting plans are different. Only orders are enforceable by a court.
- A Binding Financial Agreement isn’t only for wealthy couples. It’s a protection tool available to anyone.
Common Family Law Mistakes to Avoid in Perth
- Assuming separation is the conclusion of financial issues
- Being too late to seek legal advice
- Signing agreements without completely comprehending them
- Making verbal parental agreements
- Ignoring relevant legal time limits
- Referring to ‘custody’ rather than the current concept of parenting
- Hiding assets or refusing to disclose any financial information
- Taking decisions regarding parenting based on anger, not the interests of children
- Using children as messengers
- Posting the case on social media platforms
- Neglecting safety during negotiations
When Should You Speak with a Family Lawyer in Perth?
It’s worth getting advice early, ideally before you sign anything or make major decisions, if you’re considering separation, facing a parenting dispute, need to protect assets, are unsure of your rights around property or de facto status, or are experiencing family violence. Early advice tends to prevent the costliest mistakes like missed time limits, unfair informal agreements, and avoidable court proceedings.
FAQs
- Does family law apply to de facto relationships in WA?
Yes. The rights and responsibilities of de facto partners are virtually identical to those of married couples in property and parenting issues. However, de facto property disputes in WA are uniquely resolved under the state’s Family Court Act 1997 rather than the federal Act, and following a September 2022 law update, WA de facto couples can now legally split superannuation just like married couples.
- Is separation required before divorce?
Yes. It is mandatory for one to be separated for at least 12 months before filing for divorce and one may be considered as separated even if living under one roof.
- Are consent orders legally binding?
Yes. Consent orders become legally enforceable once they are signed by the court and are just like the orders made by a judge after hearing the case.
- What is a Binding Financial Agreement?
A Binding Financial Agreement is a private, legally enforceable contract that sets out how property and finances will be divided if a relationship ends. It is made without court involvement but requires independent legal advice for both parties.
- How much does a family lawyer cost in Australia?
On an average, a family lawyer in Australia costs somewhere between $300-$800+ per hour including GST. Simple cases may cost approximately $2,000 while contested cases where there is a full hearing on an average charge about $30,000 per client, while complicated cases may cost more than $100,000.
Wondering whether your situation needs a lawyer, a mediator, or just the right information to move forward with confidence?
Partner with Hoe Lawyers for the Best Family Law Services in Perth
Since 2009, Hoe Lawyers has assisted individuals and families across Perth with divorce, parenting arrangements, property settlements, consent orders and binding financial agreements, guided by a client-focused approach rather than unnecessary litigation. Our Perth family lawyers explains each option in plain English, so you understand not just what your rights are, but what each path actually involves before you choose one.
Call 08 6244 5234 for any urgent family matter.
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DISCLAIMER: This guide provides general information about family law in Western Australia and is not a substitute for personalised legal advice. Every family law matter is unique. Getting advice tailored to your circumstances is recommended before making significant legal decisions.