Applecross parents: Are you thinking about separating or partner, or are you already separating from your partner? If you have children, property, or business interests then getting the right family law advice is a must. It might surprise you but the cost of not doing so can lead to both emotional and financial ruin. We are experienced, compassionate and affordable legal advisors in all matters of Family Law. Our local Perth Family Lawyers team will guide you through every step to receive the best possible outcome for your family.
Let us do the heavy lifting as dealing with family law issues is emotionally challenging. We provide the support and guidance you’ll need so you can be enjoying a new future with confidence and clarity.
When going through a divorce or separation you’ll want expert advice and representation to ensure a fair division of property assets.
Property settlement is the part most people ask about first, and it is usually the part that decides how fast everything else falls into place. When the house is that large a share of the asset pool, keeping it generally means a substantial super split, a refinance, or a sale — not a straight fifty-fifty.
We can help you work through:
Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.
Contact us and we will explain the realistic options for a matter like this.
If you are divorced, separated and have children under the age of 18, speak to our Perth child support lawyers who know the WA Family Law.
Child support is assessed on a formula, but the formula only works if the figures going into it are right. Private school fees, extracurriculars and health cover are common in Applecross and they are not covered by the standard assessment, so they need dealing with separately.
Common issues we deal with:
Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.
If this is where you are at, call us and we will talk it through.
Asset division for separated couples can be contentious and having a clear and thorough process will make the process easier for both parties. We can help!
Financial separation is the step that stops your finances staying tangled with your former partner’s indefinitely. In the southern river districts it is common for assets to be held through a company or a family trust, which changes both what is in the asset pool and how it can be moved.
The exercise covers:
We locate and value everything, deal with the debts as well as the assets, and then formalise the division so neither of you is exposed to the other afterwards.
Call us and we will tell you where you stand before you commit to anything.
If you are considering separating from your spouse, or have already done so, you may be entitled to, or liable for spousal maintenance.
Spousal maintenance is not automatic and it is not permanent. It comes down to whether one party can meet their reasonable needs and whether the other can afford to help. In the southern river districts the standard of living during the relationship is usually high, and maintenance is assessed against reasonable needs rather than against that standard.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change it.
Talk to us early. It usually means fewer costs and more options.
Orders can be put in place or existing orders can be updated to make sure that parental responsibility of a child or children is protected.
Parenting arrangements have to work for years, and they have to be able to change as school, work and the children do. In the southern river districts school choice is often the flashpoint, and who decides it is exactly what parental responsibility covers.
Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.
Call us and we will tell you where you stand before you commit to anything.
If you have been in a De-facto relationship and you are now separated then talk to our team today about sorting out your parenting plans and financial asset division.
De facto couples have broadly the same property and maintenance rights as married couples, and the same obligations. In the southern river districts the assets brought into the relationship are often significant, and how they are treated depends on the length of the relationship and what happened during it.
The process is the same as for a married couple: identify the asset pool, negotiate, then formalise through consent orders.
Talk to us early. It usually means fewer costs and more options.
Contact our experienced divorce lawyers for Applecross.
Divorce and property settlement are two different things, and people are often surprised that one does not deal with the other. Where there are companies, trusts or overseas assets involved, get the financial side moving well before the divorce is finalised.
We prepare and file the application, deal with service where it is needed, and make sure the property and parenting side is not left behind.
Contact us and we will explain the realistic options for a matter like this.
Applecross households are typically long-standing, with income arriving through more than one channel and finances arranged with some planning behind them.
Where one party built the earning capacity and the other carried the household, future needs do real work in the settlement, and so does full disclosure of what actually exists.
We act right across the southern river districts, Ardross, Attadale, Bateman included, so this is familiar ground for us.
In person, by phone or by video — whichever fits around your week.
If you are needing to get a property fixed up to be sold after a slit Electricians Near you will get your wires and lights up to code.
Legal guidance for property settlements and conveyancing, property disputes across Perth.
In the same way an electrician can help you get your house ready for sale a plumber can do the same, checking for leaks, drips or other issues in the home.
If you are moving house after a family dispute case has been finalised talk to a settlement agent today to discuss your options.
No — there is no automatic equal split in Western Australia, and that’s the most common misconception we correct. A settlement is worked out in steps: identify and value the whole pool, assess what each party contributed financially and non-financially, then adjust for future needs such as care of children, health, age and earning capacity. That process sometimes lands near half, and often doesn’t. A long marriage where one party raised children and the other built a career rarely produces an even division, and neither does a short relationship where one party brought in most of the assets.
Yes. ABMS Lawyers acts across the Perth metropolitan area from our office in South Perth – it is a short drive from our South Perth office. Consultations can be in person, by video or by phone, documents are exchanged electronically, and signing can be arranged to suit you. Call us and we will work out the best way to handle it.
Superannuation is treated as property and forms part of the pool, which surprises a lot of people. It can be split between the parties by consent orders or by court order, and for many separating couples it’s the second-largest asset after the family home — sometimes the largest. It’s also the asset most often overlooked in an informal agreement, and the hardest to fix afterwards. Splitting it requires orders drafted so the fund can actually act on them, so it’s worth getting the wording right the first time.
No, and you should not wait. Property and parenting can be dealt with as soon as you separate. Once a divorce is final, there is a twelve-month limit to start property proceedings, which is a deadline people do miss.
Not automatically. Neither party has to leave simply because the relationship has ended, and moving out doesn’t forfeit your interest in the property — that’s another common worry with no basis. Who stays is usually a practical question about who can meet the mortgage, where the children are settled and whether both parties can reasonably remain under one roof in the meantime. Where they can’t, interim arrangements can be agreed or ordered covering who lives where and who meets the outgoings until a settlement is reached. If safety is a concern, that changes the picture and should be raised straight away.
