Family Law Lawyers in Western AustraliaOne Call Away
Need a family lawyer in Western Australia? LawyerLink connects you with a verified WA partner firm. Our AI intake handles urgent matters 24/7. WA is unique: family-law matters are heard in the Family Court of Western Australia, the only state Family Court in Australia.
Family Law in Western Australia
Western Australia is the only Australian state with its own state Family Court. The Family Court of Western Australia exercises both state and federal family-law jurisdiction. Most WA family matters proceed in this court rather than the federal Federal Circuit and Family Court system that applies in the other states.
Marriage-based family law in WA proceeds under the Family Law Act 1975 (Cth), exercised by the Family Court of WA under cross-vesting arrangements. De facto family law in WA proceeds under the Family Court Act 1997 (WA) — a state Act that mirrors the federal de facto provisions. The Magistrates Court of WA also has limited family-law jurisdiction for less complex matters.
Family-violence restraining orders in WA are made under the Restraining Orders Act 1997 (WA) and are heard in the Magistrates Court of WA. The Magistrates Court can make interim orders urgently and final orders after a defended hearing. These are state-based protections separate from federal family-law proceedings.
Parenting matters proceed under Part VII of the Family Law Act (or the corresponding WA Act for de facto matters). The 2024 amendments removed the previous presumption of equal shared parental responsibility — the Court now focuses on the best interests of the child as the paramount consideration. Property settlements proceed under Part VIII / Part VIIIAB for federal matters and the corresponding WA Act for state de facto matters.
Divorce in Australia requires 12 months of separation. WA is procedurally distinct from the other states because of the state Family Court — a WA family-law engagement is generally not interchangeable with a Federal Circuit and Family Court practice. LawyerLink routes WA family-law enquiries to partner firms whose practice covers the Family Court of WA specifically.
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Family Law in Western Australia — FAQs
- What courts handle family law in WA?
- The Family Court of Western Australia handles parenting, property, divorce, and de facto matters. It is unique to WA — the only state Family Court in Australia. Family-violence restraining orders are heard separately in the Magistrates Court of WA under the Restraining Orders Act 1997 (WA).
- How much does a WA family lawyer cost?
- These are general ranges. Your actual fee depends on the firm and your specific matter. Initial consultations typically range $250-$500. Consent orders for an uncontested property split commonly cost $2,000-$5,000. Contested parenting or property proceedings range from $20,000 to well into six figures depending on complexity.
- Why does WA have its own Family Court?
- When the federal Family Court of Australia was established in 1976, WA opted to establish a parallel state Family Court (the Family Court of WA) under cross-vesting arrangements. The state court exercises both state (de facto) and federal (marriage-based) jurisdiction. The arrangement is a constitutional feature unique to WA.
- How long do I have to bring a property settlement claim in WA?
- For married couples, applications under the Family Law Act must be filed within 12 months of the divorce order. For de facto couples, applications under the Family Court Act 1997 (WA) must be filed within 2 years of separation. The Court can extend these in limited circumstances.
- Does the 50/50 parenting presumption apply in WA?
- No. The previous presumption of equal shared parental responsibility was removed by amendments that commenced 6 May 2024. The Family Court of WA, like the federal Family Court system, now focuses on the best interests of the child as the paramount consideration without a default 50/50 starting point.