Kinross parents: Are you separating from your partner or thinking about separating from your partner, and do you have children, property or business interests than getting the legal advice a family lawyer is highly recommended. The cost of not doing so can be emotionally and financially devastating. You need compassionate, experienced and affordable legal representation. Our Perth Family Law experts are extremely knowledgeable and will 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.
Almost every separation lands on the same question — what happens to the house, and what does the other person get instead of it. 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.
The work usually covers:
Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.
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. In an area like Kinross, 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.
Common issues we deal with:
Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.
Talk to us early. It usually means fewer costs and more options.
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!
Dividing assets means finding all of them first. The ones that get missed are usually superannuation and anything held in someone else’s name. In the northern coastal corridor 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:
We handle the superannuation splitting, the property transfers and the paperwork that makes the division stick.
If this is where you are at, call us and we will talk it through.
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. In the northern coastal corridor it comes up most often in longer marriages where one party worked part-time or stayed home while the other built a career.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change it.
If this is where you are at, call us and we will talk it through.
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 coastal corridor 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 help negotiate a parenting arrangement, then formalise it as a parenting plan or consent orders so everyone knows where they stand.
If this is where you are at, call us and we will talk it through.
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 northern coastal corridor 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.
Call us and we will tell you where you stand before you commit to anything.
Contact our experienced divorce lawyers for Kinross.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. Across the northern coastal corridor that means the settlement and the parenting arrangements are the real work, and the divorce is the paperwork at the end.
Where you have been married under two years, or your former spouse cannot be located, there are extra steps and we will walk you through them.
We take these matters on regularly. Call us and we will be straight with you about it.
Households in Kinross are typically settled and local, and after a separation both parties usually want to stay in the area.
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 work throughout the northern coastal corridor — Marmion, Merriwa, Mindarie among them — so none of this is new territory.
The distance changes very little in practice. We take instructions by phone or video, send and receive documents electronically, and arrange signing to suit you rather than the office. Give us a call and we will explain how your matter would run from where you are.
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 along the northern coast, a fair way from the city. 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.
Most of it. The majority of separations resolve through negotiation, mediation and consent orders rather than a contested hearing. Consent orders are dealt with on the papers, so there is no court appearance at all.
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.