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Thomson Family Lawyers, Unit 2, Ground Floor, 134 Main Street, Osborne Park (2026)

27/06/2025

Pets and Property Settlements – Who Keeps the Dog?

Short Article by Vanessa D’Angelo
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For many people, a pet is not just an animal. It is part of the family. So, when a relationship breaks down, deciding who gets to keep the dog, cat or even a bird or horse can become one of the most emotional parts of a separation.

People often ask if they can have shared custody of a pet or whether the Court will make Orders about pet care. Unfortunately, the answer might surprise you.

Under Western Australian family law, pets are legally considered property. That means the Family Court treats them like any other item in the property pool, similar to a car, furniture or household contents. There is no legal concept of pet custody or visitation rights, even though we know animals often play a big emotional role in family life.

If you and your former partner cannot agree on who keeps the pet, the Court may decide for you as part of your property settlement. In making that decision, the Court will consider several factors including:

• Who bought or adopted the pet;
• Whose name the pet is registered in;
• Who paid for vet care, food, grooming and other costs;
• Who the pet has been living with since separation; and
• Who has the ability and stability to care for the pet moving forward.

In some cases, the Court might also consider who the children live with, particularly if the pet is closely bonded with the children and could provide comfort during the transition.

It is important to understand that the Court will not split time with a pet between both parties unless the parties agree. The Family Court does not have the power to make shared time or custody arrangements for pets in the way it does for children. If you want a shared care arrangement, it must be agreed to privately, and even then, it may not be enforceable if there is a dispute later on.

Some separating couples do successfully negotiate shared pet care, especially where they live close by or remain on good terms. For example, the dog might go with the children when they move between homes, or one person might keep the pet while the other covers vet bills or visits occasionally.

If the pet is valuable, for example a racehorse, show dog or a breeding animal, the Court may assign it a financial value like any other asset. However, for most companion animals, the focus will be on who is best placed to care for the pet and how the arrangement fits into the broader settlement.

If you are worried that your former partner might take or keep the pet without agreement, it is important to act early. Like any property, a pet can be included in negotiations and listed specifically in Consent Orders or Financial Agreements to reduce future conflict.

Remember, if you remove a pet from a shared home without agreement or a Court Order, the other party may have grounds to seek its return. This is especially true if there is strong evidence that the animal was jointly owned or primarily cared for by them.

At Thomson Family Lawyers, we understand that pets can be more than property. If you are separating and are unsure about your rights when it comes to keeping the family pet, we can help you understand your legal options and work towards a fair outcome. Call us on (08) 6444 9911 or visit https://thomsonfamilylawyers.com.au/about/ to book an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

13/06/2025

Who Gets the House After Separation?

Short Article by Meski Lema
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One of the most common and emotionally charged questions separating couples ask us is, “Who gets the house?” Who gets the house after separation depends on a range of legal and personal factors. Whether you were married or in a de facto relationship, the answer is not as simple as who paid the mortgage or whose name is on the title. Here is what you need to know if you are separating in Western Australia:

Married or De Facto – What’s the Difference?

In Western Australia, both married couples and de facto partners (including same-sex couples) can apply to the Family Court of Western Australia to divide their property. De facto relationships have a few specific conditions, such as being together for at least 2 years, having a child together, or one partner making significant contributions and facing hardship if no orders are made. We can help you determine if you meet these criteria.

How Does the Family Court Decide Who Gets What?

The Family Court follows a four-step process to determine a fair division of property:

Step 1: Identify Everything You Own and Owe

When deciding who gets the family home after separation, the Family Court does not consider the home in isolation. Instead, it examines the entire asset pool and all liabilities of both parties. The family home is just one component of the broader financial settlement. The total property pool includes the family home, vehicles, savings, superannuation, and any debts.

Step 2: Consider contributions

This is not just about money! It includes financial (e.g. wages, mortgage), non-financial (e.g. personal labour contributed to home improvement), and homemaker (e.g. caring for children, home duties) contributions.

Step 3: Consider future needs

Factors such as who cares for the children, age, health, earning capacity, and financial resources are all taken into account to ensure a just outcome for both parties moving forward.

Step 4: Decide what’s fair

Finally, the Court decides what is just and equitable. This could mean one party keeps the house, or it might be sold and the money split. It all depends on your specific situation.

Common Options for the Family Home

After separation, the family home can be dealt with in several ways:
• one party keeping the home and buying out the other's share;
• selling the home and dividing the proceeds; or
• one party staying in the home temporarily, particularly if there are children, with a future sale planned.

There’s no one-size-fits-all solution—it depends on what is practical and fair.

Do You Have to Go to Court?

Not always! Many couples reach an agreement outside of court, through negotiation or mediation. We can help you with the negotiation and formalisation these agreements into legally binding Consent Orders, providing both parties with security and clarity.

Time Limits to Keep in Mind
• Married couples: Apply for property settlement within 12 months of your divorce.
• De facto couples: You have 2 years from the date of separation.

Protect Your Rights. Get Expert Legal Advice Early

Property settlement, especially decisions about your family home, is a significant part of moving forward after separation. It is vital to understand your rights and obligations by seeking early legal advice.

If you require legal advice or representation with respect to your property settlement matters, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

30/05/2025

Can I get Divorced when we Married Overseas?

Short Article by Jazelle Love
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Even if you were married overseas, it doesn’t mean that you can’t get divorced in Australia.

Provided that you meet the other requirements, then you can apply for a divorce in Australia if either you or your spouse:

1. Consider Australia as your home and intend to live indefinitely in Australia;
2. are an Australian citizen; or
3. live in Australia and have done so for 12 months immediately before filing for divorce.

Therefore, even if you were married overseas, you can apply for a divorce in Australia if either you or your spouse meet one of the requirements mentioned above, along with satisfying the other requirements, such as being separated for at least 12 months and having made proper arrangements for the care of any children under 18 years of age.

If your marriage certificate is not in English, you need to file an English translation of it, and an Affidavit from the translator. There is a form you can download from the Family Court of WA website for the translator to complete, called the “Affidavit - translation of marriage certificate” form.

If you require legal advice or representation to process your Application for Divorce, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

16/05/2025

Texts and DMs – Can They Be Used as Evidence in Family Law Cases

Short Article by Vanessa D’Angelo
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In family law matters, communication between parties who have separated often occurs over text message, email or social media. But can these messages actually be used as evidence in the Family Court of Western Australia?

The answer is yes, but with caution.

The Family Court of Western Australia can accept digital messages as evidence in both parenting and property matters. These messages must be relevant, clearly attributed to the sender and presented in their original form without editing or manipulation. Common examples include messages showing breaches of Parenting Orders, abusive language, financial admissions or general patterns of behaviour.

In parenting matters, the Court is not strictly bound by the usual rules of evidence. This means that messages can often be included, as long as they are relevant and fair. In property settlement matters, the rules are stricter. Messages must be attached properly to an Affidavit or filed as an exhibit and must be clear, authentic and complete.

It is also important to be careful with recordings or secretly obtained information. In Western Australia, the Surveillance Devices Act 1998 makes it an offence to record private conversations without permission, unless a legal exception applies. Even if the Court allows a recording, it may not carry much weight if the surrounding context is missing or if the evidence was gathered unfairly.

Here are some tips to help you if you are thinking about using messages in your case:

• Do not crop or edit screenshots;
• Include dates, times and contact names;
• Do not rely on isolated comments without context; and
• Speak to your lawyer before filing any message-based evidence.

Misusing messages can damage your credibility, so it is important to obtain proper legal advice on whether your messages will help or hurt your case.

At Thomson Family Lawyers, we help clients across Perth and regional WA prepare and present digital evidence that is clear, relevant and lawfully obtained. If you are unsure whether your communication records are admissible, we are here to guide you through the process. Please contact Thomson Family Lawyers on (08) 6444 9911 or visit website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

02/05/2025

Travelling with Children

Short Article by Jazelle Love
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Are you planning a holiday with the children and wondering what steps you need to take?

The steps you should take depend on whether you have a case is in the Family Court or not.

Firstly, whether or not you are in Court, you should let the other party know about your travel plans with as much notice as possible, including the specific details of the travel, such as the proposed dates and destination/s.

Section 65Y of the Family Law Act 1976 (Cth) states that if a Parenting Order has been made about a child or someone has applied for a Parenting Order about a child, then it is a criminal offence to remove/take a child outside Australia, unless:

1. Consent is obtained in writing; or,
2. The travel is in accordance with a Court Order made.

Therefore, if your matter is in Court, you must not go ahead and take the children away on holiday, unless you have obtained the other party’s consent in writing and/or you have received Court Orders allowing you to go.

If you do not have any Court Orders in place, you are not subject to the abovementioned law. However, there are risks that come with taking your child on holiday without the consent of the other party (and these risks apply whether you are in Court or not) which include the following:

1. The other party may seek urgent Orders in the Family Court to put the children on the Family Law Watchlist in force at all points of departure in the country. If granted, this means that the children would not be allowed to leave the country, as their passports would be flagged when trying to leave.

2. If you have already left the country, then the other party may try to seek Orders for the return of the children in the overseas country. If the country is part of the “Hague Convention”, they can apply for an Order in the Family Court under the “Hague Convention” (which is a treaty in force between Australia and several other countries, providing a lawful procedure for seeking the return of abducted children to their home country). It also assists parents to contact or get access to children overseas. A lot of countries (but not every country) is part of the treaty.

Depending on your co-parenting relationship and circumstances of your case, it may be unlikely that the other party would take the above legal action if you are not in Court and have given the other party plenty of notice and have attempted to follow up with them on several occasions and through various means, e.g. text messages, emails, phone calls, Facebook messages), although it is highly recommended that you obtain the consent of the other party, as it is not worth taking the risk of the proceedings being initiated against you.

If you require legal advice or representation regarding formalising your travel plans with your ex-partner, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

04/04/2025

Can You Keep the Engagement Ring After Separation? WA Family Law Explained

Short Article by Vanessa D’Angelo
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The wedding is off, the relationship has ended, and the engagement ring is still sitting on someone’s finger, in a drawer, or tucked away in a box of things no one wants to deal with. So, what happens next… do you have to return it? Can you keep it? What does the law in Western Australia actually say?

It might come as a surprise, but under Western Australian family law, there is no specific legislation that deals solely with who retains the engagement ring when a relationship ends. However, the ring can become part of broader discussions during a separation, particularly if the couple was married or in a de facto relationship.

In those cases, the matter may be determined by the Family Court of Western Australia under the Family Court Act 1997 (WA) or the Family Law Act 1975 (Cth), depending on whether the parties were in a de facto relationship or legally married. While different legislation applies, the Court follows the same general legal principles for property settlement in both instances, including the well-established four-step process. This involves:

1. Identifying and valuing the asset pool,
2. Assessing each party’s contributions (both financial and non-financial),
3. Considering their future needs, and;
4. Determining whether the proposed division is just and equitable.

This process can include items such as engagement rings if they are of significant value and form part of the overall asset pool.

The main question usually centers on whether the engagement ring was an unconditional gift, or whether it was given with the expectation that a wedding would take place. If the ring was given with no strings attached, it is generally considered the property of the person who received it. However, if it was clearly given under the understanding that the couple would marry, and the wedding does not go ahead, the person who gave the ring may have grounds to claim it back.

If the couple did go on to marry or live in a de facto relationship and later separated, the ring may be treated like any other asset. Its value could be included in the overall property pool, alongside assets such as savings, real estate, vehicles, personal belongings, and superannuation. The Court considers the full financial picture and determines what is fair and reasonable for both parties.

Western Australia is unique in having its own Family Court, which handles property settlement matters for both married and de facto couples. While married couples fall under the Family Law Act 1975 (Cth) and de facto couples under the Family Court Act 1997 (WA), the same legal framework for determining property division applies in both situations. This includes the four-step process mentioned earlier.

It is easy to assume that the person who has the engagement ring simply gets to keep it after a separation, but that is not always how it plays out. Like many areas of family law, the outcome depends heavily on the specific facts of each case including why the ring was given, the intentions of both parties at the time, and whether the relationship proceeded to marriage.

For example, in Papathanasopoulos v Vacopoulos [2007] NSWSC 502, the Court found that the engagement ring was a conditional gift given in contemplation of marriage. When the engagement ended, the Court ordered the recipient to compensate the giver for the value of the ring. This illustrates how the legal treatment of engagement rings can vary, and how they may even form part of the property pool in a broader financial settlement, depending on the circumstances.

If you are going through a separation and are unsure where you stand whether it is about the engagement ring, other gifts, or a property settlement in general it is beneficial to obtain legal advice early. Every situation is different, and matters can become complex very quickly.

At Thomson Family Lawyers, we understand how emotional and financially stressful separation can be. Our team is here to provide you with practical, straightforward legal advice tailored to your circumstances. If you require legal advice or representation, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

21/03/2025

Changes to the Family Law Act 1975 (Cth) from June 2025

Short Article by Jazelle Love
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On 10 June 2025, the family law legislation which applies to couples in the Family Court who married, will be changing. This change will apply to all future and existing Court proceedings, save for cases where Trial (the final Hearing) has already started.

Currently, the Family Court considers the matrimonial asset pool, contributions made by the partes and future needs of the parties, when determining how to divide an asset pool. The new changes to the law will incorporate additional things for the Court to consider, where your case may involve family violence or where you have a family pet.

A summary of the changes is as follows:

1. The economic effect of family violence on a property settlement must be considered, where relevant. The effect of family violence could be relevant where a party’s ability to work and contribute to the asset pool has been impacted by family violence. The amendments also make clear that financial control may constitute family violence.

2. Further, there will be a list of considerations the Court must make, if a party applies for an Order about how a family pet will be dealt with as part of the property settlement. notably, the Court must consider any animal abuse (including threatening behaviour as a form of family violence) and the attachment of each party (or children of the relationship) to the family pets. This was never the case previously, as pursuant to the legislation, a family pet would be treated like any other property which forms part of a matrimonial asset pool, without any specific considerations.

Please note that the changes to the legislation will not affect finalised cases where final Orders have already been received.

If you require legal advice or representation regarding your asset pool following separation with your spouse, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers at a reduced, fixed fee rate.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

23/08/2024

What is Substituted Service

Short Article by Portia Winkler
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Substituted service is a method of serving Family Court documents where personal service (also known as special service) cannot occur.

Personal service generally refers to service or provision of Family Court documents by hand.

To apply for substituted service in the Family Court of Western Australia, you need to have attempted to serve the other party by hand. There are circumstances when you are unable to serve by hand, such as the other party cannot be located and/or they live outside of Australia.

Applications for substituted service, or to dispense with personal service must be supported by clear and detailed material. What this means is that you are required to provide enough evidence to the Court of the attempts to serve or locate the other party. In circumstance where the other party cannot be located then the services of a private investigator may be required to undertake the necessary searches. A process server may also need to be engaged to provide proof that attempts at personal service occurred.

If you are not successful with locating or serving the other party, then you would file an application with the Family Court for an order dispensing with personal service and request service by email, post, text message, WhatsApp, Facebook and/or through a third party or family member who may have access to the other party.

You would need to attend a Court hearing to obtain orders for substituted service or dispensation of service and may be required to give more information to the Court about the other party.

If you require legal advice or representation with respect to substituted service, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

26/07/2024

Mediation

Short Article by Jazelle Love
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Family Dispute Resolution (otherwise known as “FDR”) is a mediation style event and is a great way to try and resolve a dispute outside of Court.

Before going to Court, you will be required to attend mediation for parenting matters (unless an exception applies to your case). Mediation can also be done before Court in financial matters.

Notwithstanding that the Court prefers for you to attempt settling matters before going to Court, you can still attend mediation style events once you are in Court. This can be done at any point during your Court proceedings.

A Family Dispute Resolution Practitioner (or “mediator”) will host the event and will have knowledge and experience in your type of family law matter. They will be an unbiased independent person there to help you reach an agreement.

At the mediation, an agenda will usually be set at the start. The mediator will listen to both parties setting out their proposals and any concerns they may have. The mediator will then help the parties work together in reaching an amicable resolution. They may suggest alternative ideas and encourage the parties to settle where appropriate.

If an agreement is reached, the mediator can help you prepare a parenting plan or informal agreement. If you have legal representation, your lawyer can help you prepare legally binding Consent Orders.

If you require legal advice or representation with respect to Mediation, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

12/07/2024

Different Types of Restraining Orders

Short Article by Rowena Wijesooriya
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Family Violence Restraining Order (FVRO)
These types of orders are applicable when the person an individual is seeking protection from is or was once related to the applicant. FVRO applications do not have an application fee.

Violence Restraining Order (VRO)
These types of orders are applicable when the person an individual is seeking protection from, is not related to the applicant. VRO applications do not have an application fee.

Misconduct Restraining Order (MRO)
These types of orders are applicable to parties that are not related and when the behaviour is not violent, but rather offensive, intimidating, or damaging to property. MRO applications involve an application fee.

Applications to the Magistrate Court can be made in person or online. Our team can assist you with the process from start to finish if required and navigate you through the process. All online applications need to be made through a legal practitioner or an approved organisation as detailed on the website of the Magistrate Court of Western Australia.

If you require legal advice or representation with respect to Restraining Orders, please contact Thomson Family Lawyers on (08) 6444 9911 or visit our website at https://thomsonfamilylawyers.com.au/about/ to make an appointment with one of our experienced family lawyers.

Disclaimer: This article is intended to provide general information to the public and is not intended to be used as legal advice. Each case is different and requires assessment by a registered legal practitioner for legal advice to be provided. If you are unsure as to your legal rights, please contact one of our solicitors at Thomson Family Lawyers to book in an initial consultation.

Serina Thomson & the team at Thomson Family Lawyers are a respected legal firm successfully advising & representing clients across Perth. Call today!

Thomson Family Lawyers

27/06/2025

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