Family Law

The breakdown of a marriage or de facto relationship can prove to be one of the most challenging times in a person's life. At Dwyer Durack, our team of family and de facto lawyers in Perth have the strength, sensitivity and skills to assist you when you need it most.

Whether you and your former partner have reached an agreement as to the care arrangements for your children and your property settlement, or you find yourselves agreeing to disagree, at Dwyer Durack, our family and de facto lawyers will provide you with the information and advice you require to finalise the matters arising from the breakdown of your relationship. 

If you have reached an agreement following separation, our separation lawyers will provide valuable family law advice about what steps (if any) you should take to protect your interests and formalise the agreement.

If you haven't reached an agreement, we will advise you about how best to protect your interests whilst navigating the path towards a property settlement and workable care arrangements for your children.

As one of the leading law firms in Perth and throughout WA, we specialise in all aspects of family and de facto law, including divorce, de facto separations, property settlements and children’s issues. With a team of experienced family lawyers, we’re committed to providing practical legal advice, assistance and support through this difficult time. We believe in resolving family and de facto law matters as quickly and fairly as possible, allowing parties to move forward from what is commonly a painful and upsetting time in one’s life.

At Dwyer Durack, our Perth family and de facto lawyers recognise that for some people, a more effective outcome can be reached without recourse to litigation. To discuss the best way forward for you, whether through an informal conference, Family Dispute Resolution, Alternative Dispute Resolution or Family Court proceedings, call us to speak to one of our family lawyers today. Alternatively, you can visit our office for a confidential discussion with our experienced family law solicitors. Find us at Level 8, 40 St Georges Terrace, Perth

See below for more information on the areas of Family & De Facto Law we specialise in.

Family & De Facto Lawyers in Perth, WA: Contact Us Today


Frequently Asked Questions

01
Will I get half of the asset pool?

Generally speaking, the Family Court of Western Australia must consider and weigh numerous factors when determining a property division dispute. The outcome may differ depending on the circumstances of each case.

Our experienced Family Law practitioners are adept at providing advice about how the Court may determine a matter. This advice can prove invaluable in deciding whether to negotiate a settlement or have the Court to resolve the dispute.

02
The house is in the other party’s name and it has been listed for sale. What can I do?

In certain circumstances, there may be grounds to seek an injunction restraining the other party from disposing of the asset or of the net proceeds of sale. Our advice will differ depending upon the circumstances of each case.

03
Do we have to go to Family Dispute Resolution prior to going to the Family Court of Western Australia?

If you and the other party are unable to reach an agreement in relation to care arrangements for your children, except for in exceptional circumstances, you will need to see a Family Dispute Resolution Practitioner in an attempt to reach an agreement prior to commencing proceedings in the Family Court. 

“Exceptional circumstances” may include, but are not necessarily limited to, situations of urgency and where there are reasonable grounds to believe that there has been child abuse or family violence, or risk of child abuse or family violence. We strongly encourage you to obtain advice from a Family Law practitioner prior to attending Family Dispute Resolution.

04
The other party controlled the finances so I don’t know what assets, liabilities and financial resources we have. Can you help me with this?

Pursuant to Rule 13.01 of the Family Law Rules 2004, parties to financial proceedings have “a duty to the court and to each other to give full and frank disclosure of all information relevant to the case, in a timely manner”. We will provide you with advice on how best to discharge your duty of disclosure and how to obtain copies of the other party’s disclosure documents.

05
What will it cost me?

We would be happy to provide you with an estimate of the fees you may incur. To do this, we usually have a brief discussion with you to ascertain certain information about your case that will assist us to provide you with an estimate of your likely costs. Importantly, this estimate is subject to change owing to factors outside our control, for example, the conduct of the other party to the matter.

"Simon, thank you for your help and advice. It was exactly the approach I wanted."

— Client of Simon French (Family Law)

"You patiently and deftly guided me through Hague Convention proceedings at the British High Court of Justice in London and later through the Family Court of Western Australia, offering advice that was clear and logical when my mind’s own state was anything but."

— Client of Jessica O'Neil (Family Law)

"I wanted to personally thank you for the wonderful timely support I received from you last year. Your manner, integrity and respect helped me through my very difficult and complex Family Law matter. I will long remember your wisdom and grace."

— Client of David Squires (Family Law)

"Simon, since my goal is to close out the mistakes I have made in my personal life as positively as possible by repairing/ maintaining relations with my children from both relationships, I am hoping you will understand why I want the best representation I can get. I believe that in Perth this is yourself."

— Client of Simon French (Family Law)

"Jessica, to adequately convey the solace and confidence that you have instilled in me during my problematic family law matter is difficult indeed. You have guided and advised me through potentially hazardous and highly emotional terrain with absolute professionalism, instinctive tenacity and strategic aplomb."

— Client of Jessica O'Neil (Family Law)

"Simon and Amanda, thank you for all of your assistance in what was for me a very difficult time. "

— Client of Simon French & Amanda Thorpe (Family Law)

"With your sharp wit, dextrous reasoning and foresight, you have been persistent, compassionate and thorough in all (domestic and international) aspects of my matter; pertaining to complicated children’s and financial issues, with most favourable results manifested. I will continue to recommend you frequently."

— Client of Jessica O'Neil (Family Law)

Need Advice?

For more information, get in touch with our team of lawyers at Dwyer Durack today.