Banksia Grove 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.
There is no automatic fifty-fifty in Western Australia. A settlement is worked out in steps: identify and value the asset pool, weigh up what each of you contributed, then adjust for future needs. A recent build with a big loan behind it leaves far less equity than the sale price suggests, so borrowing capacity ends up deciding the outcome rather than the valuation.
Typically that involves:
We identify and value the whole asset pool, including superannuation, work out a split that reflects contributions and future needs, then document it through consent orders so it is binding and final.
Give us a call and we will set out how this works in your situation.
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.
Most child support arguments are not really about the amount. They are about income that has not been properly disclosed, or a care arrangement that no longer matches what is actually happening. In Banksia Grove the school and daycare runs are long and shift or FIFO rosters are common, so the care arrangement has to be written around the roster rather than around a standard week.
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.
Contact us and we will explain the realistic options for a matter like this.
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!
Until the assets are formally divided, both of you remain exposed to the other’s debts and decisions. In the northern suburbs the offset account, the car loans and the personal debt matter as much as the house, because the net position is what gets divided.
The exercise covers:
Where assets sit in a company, a trust or someone else’s name, we work out what is genuinely in the asset pool and what is not.
If this is where you are at, call us and we will talk it through.
If you are considering separating from your spouse, or have already done so, you may be entitled to, or liable for spousal maintenance.
Maintenance is separate from child support and separate from the property settlement, though the three interact. In the northern suburbs both parties are usually working and the mortgage absorbs most of it, so the question is often whether either household can carry the loan at all.
Maintenance is often better resolved as part of the overall settlement than run separately, and we will advise you on which approach suits.
If this is where you are at, call us and we will talk it through.
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 northern suburbs young children and long commutes mean the arrangement has to survive a roster change and a school move, so build that in from the start.
We help negotiate a parenting arrangement, then formalise it as a parenting plan or consent orders so everyone knows where they stand.
If this is where you are at, call us and we will talk it through.
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.
If you lived together on a genuine domestic basis for two years, or you have a child together, the law generally treats it as a de facto relationship. In the northern suburbs it is common for both to be on a large mortgage without ever formalising anything, which is fine until it is not.
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 Banksia Grove.
Divorce and property settlement are two different things, and people are often surprised that one does not deal with the other. Across the northern suburbs we usually deal with the parenting arrangements and the mortgage first, and the divorce application after.
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.
Give us a call and we will set out how this works in your situation.
Banksia Grove households tend to be at the busiest stage: young children, two jobs, and very little slack in the week or the budget.
At that stage the pressing question is usually whether either household can carry the loan alone, and whether the parenting arrangement will still work in five years.
We work throughout the northern suburbs — Carabooda, Carramar, Cullacabardee among them — so none of this is new territory.
Appointments in the office or online, whichever you prefer.
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 north of 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.