Family Lawyers in Perth, WA

To apply for a divorce in WA, you must be separated for at least 12 months and prove that the marriage has irretrievably broken down. You can apply online through the Family Court of Western Australia.

If you have children under 18, the court must be satisfied that proper arrangements are in place for their care.

Our family lawyers in Perth can guide you through the entire divorce process, ensuring all legal requirements are met while advocating for the best outcome for you and your family.

Property settlements in WA follow a four-step process:

1. Identifying assets and liabilities.
2. Assessing financial and non-financial contributions.
3. Considering future financial needs.
4. Determining a just and equitable division.

There is no fixed formula, and each case is assessed individually.

At Affinitas Legal, we can help you navigate property settlement negotiations and represent you in court if necessary to ensure your financial interests are protected.

Yes. Under the Family Court Act 1997 (WA), de facto couples who have lived together for at least two years (or have children or significant financial contributions) can seek property settlements, spousal maintenance, and parenting orders.

Ready to take the next step? Our team can assist de facto couples in understanding their rights and achieving the best possible legal outcomes in all Family Law matters.

The court prioritises the best interests of the child, considering factors such as:

– The child’s relationship with each parent.

– Each parent’s ability to provide care.

– Any risks of harm or family violence.

– The child’s wishes (depending on their age and maturity).

Shared parental responsibility is preferred unless it is unsafe.

If you require legal advice or representation for custody matters, we can provide strategic legal support to protect your child’s best interests.

Spousal maintenance is financial support paid to a former partner who cannot support themselves. To qualify, you must demonstrate:

– A financial need due to age, illness, or caring responsibilities.

– That your ex-partner has the capacity to pay.

Claims must be made within 12 months of divorce or 2 years for de facto relationships.

Our family lawyers in Perth can assess your eligibility and advocate for a fair spousal maintenance arrangement that meets your unique needs.

If your ex-partner breaches court orders, you can:

– Attempt mediation to resolve disputes amicably.

– Apply for an enforcement order in the Family Court of WA.

– Seek legal advice to explore penalties for non-compliance.

Non-compliance can result in fines, compensatory time with children, or, in serious cases, imprisonment.

At Affinitas Legal, we can help you enforce court orders and take legal action if necessary to safeguard your rights.

Yes, grandparents can apply for parenting orders under the Family Law Act 1975 (Cth) if it is in the child’s best interests. Courts encourage ongoing relationships with grandparents unless there are risks to the child’s well-being.

Our Perth family lawyers understand the important role grandparents play in children’s lives and can help you apply for visitation rights through the Family Court.

Yes, in most parenting disputes, family dispute resolution (FDR) is required before filing in court. A registered FDR practitioner helps parents reach agreements. Exceptions apply in cases involving family violence or urgent matters.

Our Family Law team can assist you through the dispute resolution process and provide legal representation if court intervention is needed.

To safeguard your assets during a separation, consider:

– Binding Financial Agreements (BFAs) before, during, or after the relationship.

– Updating Wills and Powers of Attorney.

– Securing joint finances by freezing shared accounts if necessary.

Legal advice is crucial to ensure your financial interests are protected. At Affinitas Legal, we can help you draft legally binding agreements to protect your assets and minimise financial risks throughout the separation process.

The court prioritises child safety and protection. In cases involving family violence, it may:

– Issue intervention orders to restrict contact.

– Grant sole parental or decision-making responsibility to the non-violent parent.

– Consider supervised visits or no contact if necessary.

Family violence is taken seriously, and legal protections are available. Our family lawyers in Perth can support you through family violence cases, helping you secure protection orders and safe parenting arrangements.

Family Law is generally consistent across Australia, but Western Australia (WA) operates under its own legal framework in certain instances, which creates some key differences from the rest of the country.

One major distinction is how de facto relationships are handled. While most of Australia follows the Family Law Act 1975 (Cth), WA has its own Family Court Act 1997 (WA) to consider as well.

A key example of this difference is that it took years of advocacy before de facto couples in WA gained the right to split superannuation upon separation—something that was already standard in other states.

Additionally, WA defines de facto relationships differently. Under Section 13A Interpretation Act (WA) 1984, a de facto relationship must be “marriage-like” and have lasted at least two years.

In contrast, the rest of Australia defines de facto status as living together “on a genuine domestic basis”. While both definitions aim to recognise long-term relationships, legal interpretations can vary, leading to different court outcomes in WA compared to other states.

WA also has distinct legislation regarding ex-nuptial children, covered under the Family Court Act 1997 (WA) rather than the Family Law Act 1975 (Cth). Although these laws are largely similar, there are subtle legal differences that can impact cases involving parenting arrangements and child custody.

If you need expert advice on Family Law matters in WA, our team is here to help. Contact us today to understand your rights under Western Australia’s unique Family Law system.

While hiring a family lawyer in WA is not legally required when going through a separation, seeking professional legal advice can be invaluable.

Understanding your rights, entitlements, and obligations before making any major decisions can help you avoid costly mistakes and ensure any agreements are legally binding and enforceable.

An experienced lawyer can help you:

– Understand your legal position before making commitments.

– Ensure agreements on property, finances, and child arrangements are fair, practical and prepared correctly.

– Avoid breaching Family Court Orders and the penalties that come with non-compliance.

Every family situation is unique, and legal complexities aren’t always clear-cut. Seeking professional guidance before taking action ensures you make informed choices and don’t unknowingly enter into an unjust or unworkable agreement.

Unfortunately, many people seek legal advice after finalising agreements, selling property, or making financial arrangements—only to realise too late that they could have secured a better outcome. Consulting a Family Law lawyer early in the process can provide clarity, prevent disputes, and give you peace of mind.

If you’re unsure about your next steps, our experienced family lawyers in Perth are here to help. Book a confidential consultation today.

Our Family Law lawyers in Perth, WA, will endeavour to provide you with upfront fixed-fee costs for your legal needs. That way, there are no hidden surprises.

To start the process, please book a consultation with a fixed rate charge of $250.00.

Generally, this appointment will last for one hour. However, if we go over time, rest assured, you won’t be charged any extra.