Property settlement lawyers in Perth, WA

When determining a fair division of property in Perth, several key factors are considered under the Family Law Act 1975 (Cth) and the Family Court Act 1997 (WA), including:

• The total value of assets, debts, and financial resources available to both parties
• Financial and non-financial contributions made by each partner before, during and after the relationship
• Future needs, such as age, health, earning capacity, child care responsibilities, and child support obligations

The goal is to reach a division that is just and equitable in all circumstances.

Yes, property owned by either person before the relationship is taken into account. It’s considered an initial contribution, which may influence the final division of assets, particularly if the relationship was short or the asset significantly contributed to wealth built during the relationship.

However, the outcome depends on various factors, including contributions made by both parties and the overall duration of the relationship.

Property settlement in WA typically follows these steps:

1. Disclosure: Each party must exchange full details of their financial position, including assets, debts, superannuation and other resources.
2. Negotiation: Parties may negotiate directly, through lawyers, or with the help of mediation or dispute resolution services.
3. Agreement: If both sides reach an agreement, it can be formalised via Consent Orders or a Binding Financial Agreement.
4. Court Proceedings: If no agreement is reached, the matter may proceed to the Family Court of Western Australia for determination.

Broadly, yes. Married and de facto couples in WA are treated similarly when it comes to property settlement.

However, a key difference is that superannuation cannot currently be split between de facto partners in WA, unlike for married couples. This may change in future, depending on legislative reform.

You can reach an agreement as to the just and equitable division of property accumulated during your marriage or de facto relationship by direct negotiation, mediation or other informal means, including with assistance from legal representatives.

If you are unable to resolve the matter through these processes, it may be necessary to commence legal proceedings and seek the assistance of the Courts to reach an outcome.

If at any stage the parties manage to reach an agreement between themselves, it is possible to formalise the agreement by way of Consent Orders (through the Courts) or Binding Financial Agreements (outside of the Courts).

If one person refuses to engage in the property settlement process, the other party can apply to the Family Court of WA. The court may proceed and make a property settlement order based on the available evidence, even without the other party’s cooperation.

If you’re separating or have already separated, it’s important to know there are legal deadlines for applying for a property settlement through the Family Court in Western Australia. These timeframes depend on the nature of your relationship:

• Married couples have 12 months from the date their divorce is finalised to file for a property settlement.
• De facto couples have 2 years from the date of separation to apply for a property division.

These time limits are strictly enforced. If you miss the window, you may need to ask the Family Court for special permission — known as leave to apply out of time. This is not automatically granted and is only considered in rare situations, such as where failing to allow the application would cause significant financial hardship.

• Examples of situations where an extension may be granted include:
• One party was unaware of the time limit due to exceptional circumstances
• There has been a recent discovery of hidden or undisclosed assets
• A serious change in financial or personal circumstances has occurred (e.g. illness or primary care of a child)

To avoid unnecessary stress or complications, it’s best to get legal advice as early as possible after separation. A property settlement lawyer in Perth can help you understand your rights, check if you’re within the required time limit, and guide you through the next steps if time is running out.

The length of time for Property settlements largely depends on the willingness of each of the parties to reach an agreement. Once an agreement is reached, matters generally take two to three months to be finalised.

If the parties are unable to resolve their matter by agreement, property settlements can take longer than two years to resolve.

Generally, property settlement orders are final and cannot be changed. However, exceptions exist in limited circumstances, such as:

• One party committed fraud or failed to disclose assets
• A significant change has occurred affecting the welfare of a child
• The terms of the original order have become impractical to carry out

Importantly, any variation must be supported by strong evidence and, ideally, legal advice.

You’re not legally required to hire a lawyer for property settlement in Western Australia—but in most circumstances, it’s one of the smartest decisions you can make.

Why? Because property settlements involve more than just dividing the house or bank accounts. You’re navigating a complex legal process that deals with identifying, valuing, and fairly distributing everything from superannuation and business assets to family debts and personal contributions.

A property settlement lawyer in Perth brings clarity, strategy, and legal protection to your case. Here’s how we can support you:

• Explain your rights and entitlements in plain English: The laws governing property division in WA can be difficult to interpret. A lawyer will help you understand where you stand and what you’re entitled to, based on your contributions, future needs, and the overall asset pool.
• Ensure full financial disclosure from both sides: It’s common for assets to be overlooked or even hidden. Lawyers are trained to identify inconsistencies and ensure everything is accounted for — from investment properties to super and business holdings.
• Negotiate with objectivity and professionalism: Emotions can cloud judgment during separation. A lawyer acts as your advocate, helping you stay focused on a fair outcome without getting pulled into unnecessary conflict.
• Draft legally binding agreements that hold up in court: Whether you’re creating Consent Orders or a Binding Financial Agreement, the wording matters. One wrong clause could lead to future disputes — or even render the agreement invalid.
• Avoid delays, costly mistakes, and court battles: Even if things seem amicable now, property settlements can quickly turn complex. Having a legal expert by your side reduces the risk of costly errors or disputes down the line.

Ultimately, having a lawyer is about peace of mind. You’ll know you’ve done everything by the book, protected your future, and avoided common pitfalls. Get help with Affinitas Legal today.