Maddington 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.
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:
Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.
Talk to us early. It usually means fewer costs and more options.
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. In an area like Maddington, 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:
We can also deal with the costs that sit outside the formula — school fees, medical expenses and extracurriculars — through a written agreement.
Give us a call and we will set out how this works in your situation.
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!
Until the assets are formally divided, both of you remain exposed to the other’s debts and decisions. In the south-east corridor that usually means a house, two superannuation balances and a vehicle or two — straightforward, provided the super is actually split rather than ignored.
We can assist with:
We handle the superannuation splitting, the property transfers and the paperwork that makes the division stick.
Talk to us early. It usually means fewer costs and more options.
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 cuts both ways. You might not be getting enough, or you might be paying more than you should be. In the south-east corridor it comes up most often in longer marriages where one party worked part-time or stayed home while the other built a career.
We assess whether maintenance is payable at all, at what level, and for how long, then negotiate or apply for it.
Contact us and we will explain the realistic options for a matter like this.
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.
Parental responsibility is about the long-term decisions — schooling, medical care, where the children live and who they spend time with. With both households likely to stay within the south-east 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.
Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.
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.
A de facto separation raises the same questions as a divorce — property, maintenance and children — without the divorce itself. Around the south-east 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.
Talk to us early. It usually means fewer costs and more options.
Contact our experienced divorce lawyers for Maddington.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. Across the south-east 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.
Contact us and we will explain the realistic options for a matter like this.
Households in Maddington 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.
The south-east corridor is home ground for us, Mardella, Martin, Mount Nasura included.
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 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.
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.