Middle Swan parents: Are you thinking about separating or partner, or are you already separating from your partner? If you have children, property, or business interests then getting the right family law advice is a must. It might surprise you but the cost of not doing so can lead to both emotional and financial ruin. We are experienced, compassionate and affordable legal advisors in all matters of Family Law. Our local Perth Family Lawyers team will guide you through every step to receive the best possible outcome for your family.
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 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.
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 Middle Swan, 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!
Financial separation is the step that stops your finances staying tangled with your former partner’s indefinitely. In the north-east and Swan Valley district 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 locate and value everything, deal with the debts as well as the assets, and then formalise the division so neither of you is exposed to the other afterwards.
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.
Spousal maintenance cuts both ways. You might not be getting enough, or you might be paying more than you should be. In the north-east and Swan Valley district 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.
Give us a call and we will set out how this works in your situation.
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 north-east and Swan Valley district 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.
Talk to us early. It usually means fewer costs and more options.
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 north-east and Swan Valley district 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 process is the same as for a married couple: identify the asset pool, negotiate, then formalise through consent orders.
Give us a call and we will set out how this works in your situation.
Contact our experienced divorce lawyers for Middle Swan.
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 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.
Contact us and we will explain the realistic options for a matter like this.
Households in Middle Swan tend to have been there a while. Long relationships, children who went through the local schools, and finances that grew together over fifteen or twenty years.
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 north-east and Swan Valley district is home ground for us, Midland, Midvale, Millendon 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 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.
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.