Contact our Affordable and Professional Maida Vale Family Lawyers

Maida Vale Family Lawyers

Maida Vale 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.

Need advice on a property settlement in Maida Vale??

When going through a divorce or separation you’ll want expert advice and representation to ensure a fair division of property assets.

There is no automatic fifty-fifty in Western Australia. A settlement is worked out in steps: identify and value the asset pool, weigh up what each of you contributed, then adjust for future needs. 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:

  • the asset pool: what is in it and what it is worth
  • contributions, financial and otherwise
  • future needs and earning capacity
  • superannuation splitting
  • consent orders to make it binding

Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.

If this is where you are at, call us and we will talk it through.

Child support and child maintenance for Maida Vale parents

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 Maida Vale, 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:

  • establishing child support
  • changing an existing assessment
  • binding and limited child support agreements
  • recovering unpaid child support
  • enforcing orders where payments stop

Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.

Give us a call and we will set out how this works in your situation.

Ending the financial relationship

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 eastern 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:

  • locating every asset, including superannuation
  • valuing anything that is not straightforward
  • dealing with debt as well as assets
  • documenting the split so it is final

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.

Are you paying or receiving the right amount?

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 eastern suburbs 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.

We take these matters on regularly. Call us and we will be straight with you about it.

Parenting orders and parental responsibility

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.

The law starts from the best interests of the child, not from either parent’s preference. With both households likely to stay within the eastern 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 help negotiate a parenting arrangement, then formalise it as a parenting plan or consent orders so everyone knows where they stand.

Contact us and we will explain the realistic options for a matter like this.

Property and maintenance rights for de facto couples

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 eastern 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.

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.

We take these matters on regularly. Call us and we will be straight with you about it.

Divorce and separation

Contact our experienced divorce lawyers for Maida Vale.

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 eastern suburbs 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.

Talk to us early. It usually means fewer costs and more options.

More about Maida Vale and surrounding suburbs services

The households we act for in Maida Vale 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 work throughout the eastern suburbs — Redcliffe, Rivervale, Wattle Grove among them — so none of this is new territory.

Come in if it suits, or do it by phone and video if that is easier.

Our other Perth Services

Other local companies & services that can help

Electrician

Maida Vale Electrician

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.

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Property Lawyer

Maida Vale Property Legal Services

Legal guidance for property settlements and conveyancing, property disputes across Perth.

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Plumber

Maida Vale Plumber

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.

Maida Vale Plumber
Settlement Agent

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If you are moving house after a family dispute case has been finalised talk to a settlement agent today to discuss your options.

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Family Lawyers FAQ

Is everything split 50/50?

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 short 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.

It is treated as property and forms part of the asset pool, which surprises a lot of people. It can be split by consent orders or court order, and for many couples it is the second-largest asset after the house. It is also the one most often missed in an informal agreement.

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.

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