Contact our Affordable and Professional Canning Vale Family Lawyers

Canning Vale Family Lawyers

Canning Vale parents:  If you have already separated or are thinking about separating, And you have children, property or business interests then getting the right family law advice is a must.  The cost of not doing so is immense.  Both emotionally and financially.  You need experienced, compassionate and affordable legal representation.  Our team of local Perth Family Lawyers has the experience and knowledge to guide you through every step to receive the best possible outcome.

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.

Property settlement for separating couples in Canning Vale?

When going through a divorce or separation you’ll want expert advice and representation to ensure a fair division of property assets.

A property settlement ends the financial relationship. Until it is done properly, your former partner still has a claim on what you own. Around Canning Vale 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.

Typically that involves:

  • valuing the home and any other property
  • identifying superannuation on both sides
  • accounting for debts, not just assets
  • agreeing a split and documenting it properly

Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.

Give us a call and we will set out how this works in your situation.

Child support and child maintenance for Canning Vale parents

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.

The assessment is one thing. Whether it gets paid, and what to do when it does not, is another. Canning Vale 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:

  • establishing child support
  • changing an existing assessment
  • binding and limited child support agreements
  • recovering unpaid child support
  • enforcing orders where payments stop

We help establish an assessment, change one that no longer fits, put a binding agreement in place, or recover payments that have stopped.

We take these matters on regularly. Call us and we will be straight with you about it.

Asset division and financial separation

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. Around the south-east corridor 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:

  • locating every asset, including superannuation
  • valuing anything that is not straightforward
  • dealing with debt as well as assets
  • documenting the split so it is final

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.

Give us a call and we will set out how this works in your situation.

Do you know when spousal maintenance is payable?

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 south-east corridor 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.

Where the children live, and who decides

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. With schools, work and both households usually close together, arrangements around the south-east corridor tend to be workable in practice. The value is in writing them down before they are tested.

Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.

Give us a call and we will set out how this works in your situation.

Property and maintenance rights for de facto couples

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. Around the south-east corridor 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.

We take these matters on regularly. Call us and we will be straight with you about it.

What has to be sorted before the divorce

Contact our experienced divorce lawyers for Canning Vale.

Divorce and property settlement are two different things, and people are often surprised that one does not deal with the other. 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.

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.

Talk to us early. It usually means fewer costs and more options.

More about Canning Vale and surrounding suburbs services

The households we act for in Canning Vale are a genuine mix of ages and stages, from first-time couples to families with teenagers.

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 south-east corridor, Cannington, Cardup, Champion Lakes included, so this is familiar ground for us.

Appointments in the office or online, whichever you prefer.

Our other Perth Services

Other local companies & services that can help

Electrician

Canning Vale Electrician

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.

Canning Vale Electrician
Property Lawyer

Canning Vale Property Legal Services

Legal guidance for property settlements and conveyancing, property disputes across Perth.

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Plumber

Canning Vale Plumber

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.

Canning Vale Plumber
Settlement Agent

Property Settlement Canning Vale

If you are moving house after a family dispute case has been finalised talk to a settlement agent today to discuss your options.

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Family Lawyers FAQ

Is everything split 50/50?

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 straightforward 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.

Not automatically. Neither party has to leave because the relationship ended, and moving out does not forfeit your interest in the property. Who stays is usually a practical question about the mortgage and the children. If safety is a concern, raise it straight away — that changes the picture.

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.

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