Hamersley 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.
Property settlement is the part most people ask about first, and it is usually the part that decides how fast everything else falls into place. Where the mortgage has largely been paid off, one party buying the other out is usually realistic. The question is whether they can carry a refinanced loan on their own income.
We can help you work through:
We will tell you early what a realistic range looks like, so you are negotiating against a number rather than against a feeling.
If this is where you are at, call us and we will talk it through.
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 an area like Hamersley, schools and childcare are close by and both households usually stay local, so shared care is workable. Where it is shared, the number of nights the children spend with each parent feeds straight into the assessment, and it needs to be recorded accurately.
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!
Financial separation is the step that stops your finances staying tangled with your former partner’s indefinitely. In the northern suburbs that usually means a house, two superannuation balances and a vehicle or two — straightforward, provided the super is actually split rather than ignored.
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.
Give us a call and we will set out how this works in your situation.
If you are considering separating from your spouse, or have already done so, you may be entitled to, or liable for spousal maintenance.
Spousal maintenance is not automatic and it is not permanent. It comes down to whether one party can meet their reasonable needs and whether the other can afford to help. In the northern suburbs it comes up most often in longer marriages where one party worked part-time or stayed home while the other built a career.
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.
Most parenting arrangements are settled by agreement and then formalised, which is far cheaper and far less damaging than a contested hearing. With both households likely to stay within the northern suburbs and near the same schools, an equal or near-equal share of time is usually workable, and it is worth putting in writing while both of you agree on it.
We draft arrangements with enough detail to be enforceable and enough flexibility to survive a change of job or school.
Give us a call and we will set out how this works in your situation.
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 northern suburbs the common pattern is a couple who bought a property together and put the title in one name only. Whose name is on the title does not settle who is entitled to what.
We advise on whether the relationship meets the definition, what you are entitled to, and how to deal with property and children.
Talk to us early. It usually means fewer costs and more options.
Contact our experienced divorce lawyers for Hamersley.
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 that means the settlement and the parenting arrangements are the real work, and the divorce is the paperwork at the end.
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.
The households we act for in Hamersley are usually settled ones — long marriages, grown or nearly grown children, and a shared financial life that takes some untangling.
After that long together, contributions on both sides are substantial and hard to separate out, which is exactly why there is no automatic even split. What each party brought and what each gave up both count.
We act right across the northern suburbs, Hocking, Innaloo, Jandabup 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 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.