What a Perth family lawyer does in a property settlement, and what trial costs against settling

Most people who separate want two things from a property settlement: a fair division, and for it to be over. Those goals pull against each other when the other party will not agree. A family lawyer's job is to get you the best result the law allows, at a cost and on a timetable that still make sense.

This article explains what that work involves in Perth, what the court charges, and how the cost of going to trial compares with settling.

What the lawyer does, stage by stage

(a) Advice at the start. Which law applies (married couples and WA de facto couples are under different Acts), your deadline, what is in the property pool, and the range of outcomes a court might reach. A lawyer gives a range, not a promise, because the court's decision is a judgment about what is just and equitable.

(b) Disclosure and valuation. Getting the other party's financial documents, checking them, and arranging valuations of the home, any business and other disputed assets. Most disputes are really disputes about the size of the pool.

(c) Negotiation. Letters setting out your position, a written offer to settle, and often mediation. If you agree, the lawyer drafts consent orders or a binding financial agreement so the deal is final.

(d) Court, if needed. Preparing the application, your financial statement and your affidavit, and appearing at the procedural hearing and the conciliation conference.

(e) Trial preparation. Trial affidavits, subpoenas to banks or employers, expert reports, a trial plan and, often, briefing a barrister to run the trial.

Each stage costs more than the one before. That is the main reason early, careful disclosure pays for itself.

What the court charges

Court fees are small next to legal fees, but they add up in a contested case. From 1 July 2026 the Family Court of Western Australia charges these fees:

step	fee
Application for consent orders	$215
Initiating application, financial orders only	$455
Interim orders application	$155
Response to an initiating application	$455
Conciliation conference	$510
Setting down for trial	$820 before a magistrate, $1,115 before a judge
Each trial day after the first	$820 before a magistrate, $1,115 before a judge
Subpoena	$70

The same amounts apply whether the case is under the federal Act or the WA Act. People with a concession card or in financial hardship may be exempt or able to defer payment.

A trial also brings costs that are not court fees. Expert valuers and accountants charge for reports and for coming to court. A barrister is usually paid for each day of trial and for preparation.

Who pays the legal costs

The starting rule is that each party pays their own legal costs. For a married couple that rule is in s 114UB(1) of the Family Law Act 1975 (Cth). For a WA de facto couple it is s 237(1) of the Family Court Act 1997 (WA).

The court can depart from that rule where the circumstances justify it. Under s 114UB the court considers matters such as:

(a) each party's financial circumstances, and whether either has legal aid;

(b) how each party conducted the case, including whether they met their duty of disclosure;

(c) whether the case was needed because a party failed to follow earlier orders;

(d) whether a party was wholly unsuccessful; and

(e) whether a party made a written offer to settle, and how the result compares with it.

Section 237 of the WA Act lists similar matters, starting with each party's financial circumstances and any legal aid. A costs order rarely covers everything a party has spent, so even a party who wins costs is usually out of pocket.

Time is a cost too

The Family Court of WA's Annual Review 2025 reported a median time to trial of 192 weeks in 2025, about three years and eight months. During that time your money is tied up in the house or the business, your lawyer's work continues, and you cannot plan.

The same report showed that 90.8% of final order applications were finalised before trial. Most people who file never need a judge to decide. Filing often starts the process that leads to a settlement, because the court's timetable forces disclosure and the conciliation conference brings both parties to the table.

Settling against going to trial

Settling early has three clear advantages: lower legal fees, a result you both shaped, and an end date you control. A trial has one advantage: an answer when agreement is impossible.

A trial is worth considering where:

(a) the other party will not disclose, and only court orders will make them;

(b) the gap between the offers is large compared with the extra cost of a trial; or

(c) there is a question of principle, such as whether an asset is in the pool at all.

A trial is usually a poor choice where the gap between the offers is smaller than the likely extra legal costs. A lawyer will put numbers on that comparison for you at each stage, and will tell you when an offer is worth taking.

An offer to settle made under the court's rules is kept from the trial judge on the merits and comes up only when costs are argued (s 240 of the WA Act; s 117C of the federal Act is to similar effect). If the other party refuses a reasonable written offer and does worse at trial, the court must take that into account when deciding costs (s 237(3); s 114UB(3)). It is a factor, not a guarantee.

The honest summary

A contested property settlement is not priced as a fixed package, because no one can know at the start how many court events there will be or whether the other party will disclose. A good family lawyer keeps you informed of the likely cost of the next stage before you commit to it, and keeps settlement on the table throughout.

This article is general information about the law in Western Australia as at 27 October 2026. It is not legal advice about your situation.