Bentley 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.
Almost every separation lands on the same question — what happens to the house, and what does the other person get instead of it. Around Bentley the housing runs from units close to the centre to established homes further out, so what a settlement looks like depends heavily on which of those you own — a unit is easier to value and easier to sell, a family home usually is not.
The work usually covers:
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.
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. Bentley is a centre for the district, so schools, childcare and work are often within a short radius and shared care is practical. How many nights the children spend with each parent changes the assessment, so it is worth getting that right from the start.
We assist with:
Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.
We take these matters on regularly. Call us and we will be straight with you about it.
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. Around the southern river districts it is common to see an owner-occupied home plus a unit held as an investment, and the investment property carries tax consequences on transfer that the family home does not.
The exercise covers:
We handle the superannuation splitting, the property transfers and the paperwork that makes the division stick.
Contact us and we will explain the realistic options for a matter like this.
If you are considering separating from your spouse, or have already done so, you may be entitled to, or liable for spousal maintenance.
Where one party stepped back from work during the relationship, maintenance is often the bridge between separation and getting back on their feet. Around the southern river districts incomes are mixed — retail, trades, office work and self-employment — and where one party’s income is irregular, a maintenance figure needs to be set against a realistic average.
Maintenance is often better resolved as part of the overall settlement than run separately, and we will advise you on which approach suits.
Give us a call and we will set out how this works in your situation.
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.
Most parenting arrangements are settled by agreement and then formalised, which is far cheaper and far less damaging than a contested hearing. With schools, work and both households usually close together, arrangements around the southern river districts tend to be workable in practice. The value is in writing them down before they are tested.
We draft arrangements with enough detail to be enforceable and enough flexibility to survive a change of job or school.
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.
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. Around the southern river districts it is common for one party to have owned a unit before the relationship started, with the other contributing to the mortgage since. That contribution counts, regardless of whose name is on the title.
The two-year limitation period from separation is the thing to watch. We will tell you where you sit on it at the first appointment.
Talk to us early. It usually means fewer costs and more options.
Contact our experienced divorce lawyers for Bentley.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. For clients here the divorce is the straightforward part — the settlement and the parenting arrangements are the work, and they should be underway well before the twelve-month deadline bites.
Sole or joint application, we handle the filing and tell you what the court will want to see.
Talk to us early. It usually means fewer costs and more options.
The Bentley households we see are diverse, but proximity is the constant — everything stays close, which helps the parenting side.
Because both parties usually stay close, shared care is genuinely workable — the value is in writing the arrangement down before it gets tested rather than after.
We act right across the southern river districts, Bicton, Booragoon, Brentwood included, so this is familiar ground for us.
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 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.