Experienced Family Law Firm Based in Perth.
Our advice is designed to bring your matter to the best possible outcome in the shortest amount of time.
About Dimond Family Lawyers
The leaders in Family Law matters in Perth.
Helping you achieve a successful plan.; settlement.; mediation.;outcome.
Our experienced team of lawyers is dedicated to providing comprehensive legal services to protect the rights and interests of de facto couples.
De facto relationships are becoming increasingly common in Western Australia, and we understand the unique legal issues that can arise in these relationships. Our team has the knowledge and experience to handle complex legal matters, including property settlements, financial agreements, and child custody disputes.
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Before Separating.
Our Legal Practice Director, Erryn Dimond, talks about aspects involving separation.
Understanding De Facto Relationships
Before engaging a lawyer to represent you it’s important to understand whether your relationship is considered De Facto or not.
According to the Family Court Act, a de facto relationship is a genuine domestic relationship between two people who are living together. De facto relationships can be between two people of the same sex or opposite sex. In order to determine whether a relationship is indeed de facto, the court considers several factors such as the duration of the relationship, whether there is a physical relationship, shared residence, care and support of children, public recognition of the relationship, financial dependence, property ownership and use, and mutual commitment to a shared life.
There are time limits for making application to the Family Court for property settlement. You need to make application to the Family Court within two years from your date of separation. After this time, you must seek leave of the court to proceed (which is not always granted).
In Western Australia, the Family Court will have jurisdiction to make a property settlement order after the breakdown of a de facto relationship if:
- The de facto relationship was for at least two years; or
- The de facto relationship was less than two years, but:
- There is a child of the relationship under the age of 18 years and that if the court failed to make it would result in serious injustice to the person caring for the child; or
- The applicant made a significant financial contribution during the relationship, and that if the court failed to make an order it would result in serious injustice.
To successfully make an application for property settlement in the Family Court of Western Australia it is also necessary to satisfy the following requirements:
- Either you or your ex-spouse is living in Western Australia on the day the application is made; and
- That you and your ex-spouse lived in Western Australia for at least one-third of your relationship, or you have made substantial financial contributions in Western Australia.
If you would like more advice on what you need to achieve a pain-free and amicable separation please call us for a free 15-minute consultation or send an enquiry using our online form.
Why Choose Dimond Family Lawyers?
We believe that every client deserves personalised attention and tailored legal solutions. We work closely with each client to understand their specific needs and goals, and we provide practical advice and representation to help them achieve the best possible outcomes.
Our legal services for de facto couples include:
Property Settlements: We can help you divide your assets and liabilities fairly, taking into account your contributions and future needs.
Financial Agreements: We can assist you in drafting and negotiating financial agreements to protect your assets and provide certainty for your future.
Child Custody Disputes: We can help you navigate the complexities of child custody disputes, including parenting plans and court proceedings.
Spousal Maintenance: We can assist you in obtaining or defending spousal maintenance claims to ensure that your financial needs are met after separation.
At Dimond Family Lawyers, we are committed to providing transparent and affordable legal services to de facto couples in Perth. We offer flexible payment arrangements and fixed fees, so you can have peace of mind knowing exactly what your legal costs will be.
If you are a de facto couple in need of legal advice or representation, contact us today to schedule a confidential consultation. Our team of experienced lawyers is here to help you navigate the complexities of de facto relationships and achieve the best possible outcomes.
Meet Our Team
Erryn Dimond - BPHE, GRAD DIP, JD, GDLP
Legal Practice Director
Erryn is an experienced family law practitioner, having worked in the Perth family law sector since early 2009.
Throughout her career, Erryn has gathered extensive experience and knowledge of complex financial matters, complex parenting matters, including litigation involving family violence (including restraining orders).
Whilst working in a family law paralegal role for 4 years under the supervision of an experienced senior legal practitioner, Erryn completed a Juris Doctor (Law) at Murdoch University in 2012, and post-graduate Practical Legal Training through the Australian National University in 2013.
Erryn is a member of the Family Law Practitioners Association of Western Australia, the Law Society of Western Australia, and the Law Council of Australia (Family Law Section).
Erryn is known for her empathetic and strategic approach to family law matters, as well as her candid and professional communication style.
Erryn has practical experience in a broad range of Family Law related matters and events including Procedural Hearings, Interim Arguments, Trials, Conciliation and Case Assessment Conferences, Child Dispute Conferences, external Mediation-Style Conferences, Legal Aid Dispute Resolution, and Family Court appeals.
Outside of work hours, Erryn has a keen interest in food and wine. She also enjoys playing tennis, travelling, and spending time with her family and friends.
Leanne Galloway - LLB (Hons)
Associate
Leanne is a UK and WA qualified solicitor, having been admitted to practice in each jurisdiction in 2007 and 2018, respectively. She has significant post qualification experience in family law, criminal law and personal injury advice and litigation.
With specific experience working with government agencies addressing issues relating to family violence and child safety, Leanne brings a breath of family law experience, coupled with a practical and informed approach.
Most recently in Western Australia, Leanne has practiced solely in the area of family law, including the provision of advice in the areas of parenting disputes, relocation cases, family violence restraining orders, surrogacy, complex property matters, bankruptcy, and other areas of family law.
Leanne has a passion for family law and justice and is defined by her compassionate and informed approach to the provision of practical and tailored advice to her clients in all areas of family law.
Outside of the office, Leanne has worked as a volunteer through her local community football club, as well as having a strong interest in the practice and coaching of martial arts, having achieved a brown belt.
Tenielle Fernando - LLB, BA, GDLP
Associate
Tenielle completed a double degree in Law and Arts (History) at Edith Cowin University, following which she completed her Practical Legal Training with a prominent criminal barrister.
In 2016, Tenielle secured a Graduate Diploma in Legal Practice and was admitted to practice in May 2017.
During her legal career to date, Tenielle has gained experience at a generalist firm in regional Great Southern with a focus on family law, criminal law, restraining orders, property, wills, and estates.
During 2020, Tenielle expanded her experience through a boutique family law firm in Perth with autonomous responsibility for managing family law files from commencement to conclusion, including written letters of advice and correspondence, consent order applications, attending procedural hearings, interim hearings, Conciliation Conferences, Case Assessment Conferences, and mediation-based events.
Tenielle’s experience in restraining orders includes interim negotiations through to representation at trial (on behalf of applicants and respondents).
Tenielle has a compassionate and professional approach to family law with a focus on implementing creative solutions to resolve matters without unnecessary litigation.
Feedback from previous clients is consistently positive, with particular notice of Tenielle’s practical, informed and candid approach to liaison with clients and provision of advice.
When not in the office, Tenielle enjoys cooking, gardening (the rarer the plant or vegetable the better!), travelling, and spending quality time with friends and family.
Chantell Perry - Dip. LEG.SER
Legal Secretary/Legal Assistant
Chantell brings a vast array of legal experience to our team, previously working in the areas of personal injuries and workers compensation claims, motor vehicle and industrial accident claims, conveyancing, companies work, wills & estates, general and commercial litigation, consumer and insurance litigation, civil litigation, customs matters, employment law and criminal law since 1996.
Chantell has worked primarily in family law since 2005. Consequently, she has a broad and thorough knowledge of family law processes and procedures.
At Dimond Family Lawyers, Chantell undertakes tasks as a senior legal secretary and a legal assistant, including liaison with clients, law firms, Court representatives and related parties, as well as drafting Court documents, correspondence, and producing spreadsheet analysis from disclosure provided.
With an experienced and practical approach to her role, Chantell is well known at Dimond Family Lawyers for her positive and resilient attitude.
Chantell has completed the Legal Assistants Training Course at the Law Society of Western Australia and also holds a Diploma of Legal Services through the College of Law, Education and Training.
When not at work, Chantell enjoys spending time with her family, cooking, socialising with friends, camping, beach activities and the general outdoors.
Renee Cowley
Legal Secretary/Legal Assistant
Renee has worked primarily in a family law environment for over 23 years, with extensive knowledge of Family Court procedures, including additional experience in Wills and Estates, including Probate and Letters of Administration applications.
Renee obtained her Diploma of Legal Studies in 2017, which has supported her progress into roles that require the skills of a legal assistant.
At Dimond Family Lawyers, Renee works in a hybrid role, completing senior secretarial duties, but also (as a legal assistant) producing initial draft court documents, taking instructions from clients, and producing analysis of disclosure.
Renee is client-focused with an open and informed approach to working with clients, staff, and colleagues.
She genuinely enjoys assisting our clients move towards a new chapter in their life.Outside of work hours, Renee enjoys spending time with her family and friends, long-distance running, being outdoors in the summer months, camping, and socialising.
Frequently Asked Questions.
A de facto relationship is a relationship between two people who are not married, but who have a genuine and committed relationship living together on a genuine domestic basis.
Yes, de facto relationships are recognised in Western Australia under the Family Court Act 1997 (WA).
De Facto partners have the same legal rights as married couples, including the right to seek orders that relate to property settlement (including the transfer of superannuation), spousal maintenance, child support, or parenting orders.
It is generally understood your relationship must have been enjoyed for at least two years to satisfy the definition of a de facto relationship.
That being said, a relationship of fewer than two years can be considered to be de facto if there is a child in the relationship under the age of 18 years, or if one spouse has made substantial financial contributions during the relationship.
If you have children together but are not married, you are still considered to be in a de facto relationship in Perth, WA, and have similar legal rights to married couples regarding children and property.
Evidence that may help prove a de facto relationship includes shared finances, joint ownership of property, living together, shared responsibilities, and evidence of a physical relationship.
Yes, de facto partners can adopt children together in Perth, WA. They are subject to the same laws and requirements as married couples.
De facto couples have access to property settlement legislation in very similar (and in most cases the same) terms as married couples.
Whilst you are not required to divide or adjust property at separation, it is often a wise decision to do so to protect your future financial independence.
If you cannot agree on property division, you may apply to the Family Court of Western Australia for assistance with property settlement. The court will consider the same list of factors when determining a just and equitable division of assets, including:
- The composition and values to be attached to the assets, liabilities and superannuation of the parties;
- The non-financial and financial contributions made by each party at the commencement of the relationship, during the relationship and post-separation;
- The relevant future needs of each party, including but not limited to the age, health, income, earning capacity, child caring responsibilities and child support payable between the parties.
No, de facto partners cannot get divorced in Perth, WA, as divorce is only available to married couples. However, they can apply to the Family Court of Western Australia for property settlement and spousal maintenance if they separate.
