Ellenbrook 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.
When going through a divorce or separation you’ll want expert advice and representation to ensure a fair division of property assets.
The point of a property settlement is a clean break with numbers behind it, not a rough split agreed in a bad week. 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.
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.
Call us and we will tell you where you stand before you commit to anything.
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 can be assessed, agreed privately, or locked in through a binding agreement, and the right option depends on how predictable the incomes are. In Ellenbrook 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.
We assist with:
We can also deal with the costs that sit outside the formula — school fees, medical expenses and extracurriculars — through a written agreement.
Call us and we will tell you where you stand before you commit to anything.
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!
Asset division is where the detail lives — superannuation, offset accounts, vehicles, business interests and anything held through a company or trust. In the north-east and Swan Valley district the offset account, the car loans and the personal debt matter as much as the house, because the net position is what gets divided.
We can assist with:
We handle the superannuation splitting, the property transfers and the paperwork that makes the division stick.
We take these matters on regularly. Call us and we will be straight with you about it.
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 north-east and Swan Valley district 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.
We take these matters on regularly. Call us and we will be straight with you about it.
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 north-east and Swan Valley district 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 draft arrangements with enough detail to be enforceable and enough flexibility to survive a change of job or school.
We take these matters on regularly. Call us and we will be straight with you about it.
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 north-east and Swan Valley district it is common for both to be on a large mortgage without ever formalising anything, which is fine until it is not.
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.
Contact us and we will explain the realistic options for a matter like this.
Contact our experienced divorce lawyers for Ellenbrook.
Getting divorced does not divide anything. The financial side has to be dealt with separately, and there is a twelve-month deadline after the divorce to start it. Across the north-east and Swan Valley district 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.
If this is where you are at, call us and we will talk it through.
Households in Ellenbrook are young. Small children, both parties working, and a financial position built over a handful of years rather than twenty.
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 act right across the north-east and Swan Valley district, Guildford, Hazelmere, Henley Brook 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 north-east 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.
Where both parties disclose properly and the assets are straightforward, a few months is realistic. Where a valuation is disputed or disclosure is incomplete, it takes longer. The delay is almost always disclosure, not the court.
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.