Are you going through divorce or separation or family law matters?
Are you stressed out, confused and don’t know where to turn for legal advice?
Turn to us.
At ABMS Lawyers we are dedicated to preserving and protecting what you value most, your children, your finances and assets. We will guide you through the process and ensure you get the best possible outcome for your situation.
Divorce or separation doesn’t need to be messy and ugly; you don’t need to get stuck in Court with never ending battles to get what you want.
The separation or divorce process can be one of the most stressful times in a person’s life. A lot of emotions are on display and it can be a very emotionally charged process and one that we believe requires the guidance and advice of a skilled lawyer with experience in handing such matters. The possibility of losing legal rights to assets, health insurance and children is too risky to embark upon the process without appropriate legal advice and guidance from an experienced lawyer.
In today’s financial economy, the most common problem for divorcing couples is how to divide or use assets acquired during their relationship between their separate households. Couples bills and expenses which were shared previously must be paid for separately and sometimes, a couple may not know where to begin. Often, there are children in the mix and that can complicate things pretty quickly. Parents can be worried about their finances, financial support to their children, retirement and savings accounts and how they will live and cope economically when the divorce or separation is over.
Separation but No Divorce
Married couples choosing to separate but unwilling to divorce encounter a unique set of challenges.
Although most people come to an amicable arrangement regarding their financial circumstances, if there is no Order in place, such arrangements are not enforceable in court no matter how well-intentioned the agreement can be so don’t risk it.
Our experienced lawyers can help you handle your separation and divorce arrangements.
De Facto Relationship
In Australia, people who are not married but live together do have the same rights and protections that their married counterparts have to an extent except in Western Australia where Superannuation belonging to a party cannot be legally split. However, the court has to be satisfied that their relationship is in fact a “de facto relationship”. The court looks at a criterion to determine whether the relationship is de facto or not.
Unless, their relationship is defined as a legal relationship, such a relationship if it dissolves will be mere cohabitation. Critical factors the court looks at in determining whether a relationship is de facto is the intention of the parties, care of children, their financial obligations to each other and their expectations for their relationship, length of their relationship. Our legal team can provide you with practical and reasonable advice in respect to your legal matter.