Family law and divorce lawyers

Dividing property and finances

Separating means untangling a shared financial life. The Family Court of Western Australia must decide whether it is just and equitable to alter your property and financial interests. The same principles apply whether you settle by agreement or the Court decides.

Which law applies depends on your relationship: the Family Law Act 1975 (Cth) for married couples, the Family Court Act 1997 (WA) for de facto couples in WA. Amendments from 10 June 2025 put more weight on the economic impact of family violence, on debts and wastage, and on children's future housing needs. They do not yet apply to de facto couples in WA.

The Court applies a four-step process. The same steps guide couples who negotiate their own settlement.

Step 1: Identify the property pool

Everything you both own and owe is counted, whoever's name it is in:

• Real estate, vehicles and bank accounts;
• Superannuation;
• Businesses and investments; and
• Mortgages, loans and credit card debts.

Superannuation can be divided, or "split", as part of a settlement. Since 28 September 2022 this has also been available to separating de facto couples in WA.

Step 2: Assess contributions

The Court then looks at what each of you put in:

• Financial contributions, such as income and assets;
• Non-financial contributions, such as renovations and unpaid work; and
• Contributions to the welfare of the family, such as parenting and homemaking.

Step 3: Consider current and future circumstances

Adjustments can be made for where each of you is heading:

• Income and earning capacity;
• Health and age;
• The care of children and financial resources;
• A reasonable standard of living; and
• For married couples, the economic effect of any family violence.

Step 4: Arrive at a just and equitable outcome

The final division must be just and equitable in all the circumstances. There must be principled reasons for it, assessed against the facts of your case.

You may also be entitled to spousal or de facto partner maintenance if you cannot adequately support yourself and your former partner can afford to help. The Court can order ongoing periodic payments or a lump sum.

Most people settle by negotiation or mediation rather than litigating; contested matters can take 24 to 36 months to reach a final hearing. Whatever you agree, formalise it through consent orders or a binding financial agreement, because a handshake or an email is not enforceable. Strict deadlines apply once you divorce or separate, so get advice early.

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Parenting and care arrangements

Separation is hardest on children when they are drawn into adult conflict. You will need to decide where the children live, how they spend time with each parent, and who makes decisions about schooling and health. Keeping them out of the dispute is the most useful thing you can do.

Every parenting decision is based on the child's best interests. The Court must weigh:

• The safety of the child and those close to them;
• Any history of family violence;
• The child's views and developmental needs;
• Each parent's capacity to care for them; and
• Connection to family, community, country and culture for Aboriginal and Torres Strait Islander children.

There is no automatic rule that children must spend equal time with each parent. This is a common misconception. Arrangements have to be practical and in the child's best interests.

Negotiation

Many parents reach agreement themselves, with or without legal help. It is usually the simplest and most cost-effective path.

Family dispute resolution

Family dispute resolution (FDR) is a structured process led by a qualified practitioner who helps parents resolve disputes about their children. It is usually required before going to court. If it is unsuccessful or not appropriate, a certificate is issued so proceedings can start.

Family counselling

A family counsellor can help you manage the emotional side, improve communication and keep the focus on your children's needs.

An agreement can be recorded as a parenting plan, which is flexible but not legally enforceable, or as parenting orders made by consent, which are binding. If you cannot agree, you can apply to the Family Court of Western Australia, where a first hearing is usually listed about six weeks after filing.