Contact our Affordable and Professional Mindarie Family Lawyers

Mindarie Family Lawyers

Mindarie 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.

Need advice on a property settlement in Mindarie??

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 there is a second property, a caravan or a boat in the mix, it needs valuing properly rather than being waved through as a lifestyle item.

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

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.

Child support and child maintenance for Mindarie 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.

Most child support arguments are not really about the amount. They are about income that has not been properly disclosed, or a care arrangement that no longer matches what is actually happening. Self-employment and rostered work are common around Mindarie, and irregular income is the single most common reason an assessment does not reflect reality.

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.

Call us and we will tell you where you stand before you commit to anything.

Asset division and financial separation

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!

Asset division is where the detail lives — superannuation, offset accounts, vehicles, business interests and anything held through a company or trust. Around the northern coastal corridor there is often a boat, a caravan or a second property, and those are assets in law regardless of how they are thought of at home.

We can assist with:

  • property settlement and transfers
  • superannuation splitting
  • business and company interests
  • debts and liabilities
  • binding financial agreements

We handle the superannuation splitting, the property transfers and the paperwork that makes the division stick.

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

When one party cannot support themselves after separating

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. Where income around the northern coastal corridor is seasonal or self-employed, a maintenance figure set off one good year rarely holds.

We assess whether maintenance is payable at all, at what level, and for how long, then negotiate or apply for it.

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

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.

Parenting arrangements have to work for years, and they have to be able to change as school, work and the children do. Around the northern coastal corridor catchments are spread out and one parent often moves closer to work, so the orders need to say what happens if someone relocates.

Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.

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

What are your rights after a de facto separation?

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. 

The critical difference for de facto couples is timing: there is a two-year limit from separation to apply, and it is missed more often than you would think. Around the northern coastal corridor a shared property, or one bought by a partner before the relationship started, is usually the sticking point regardless of whose name it sits in.

The process is the same as for a married couple: identify the asset pool, negotiate, then formalise through consent orders.

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

The divorce itself is the simple part

Contact our experienced divorce lawyers for Mindarie.

You need twelve months of separation before you can apply, and you can be separated while still living under one roof if it comes to that. A joint application saves time and avoids service, and the whole thing can be done online without either of you attending.

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 Mindarie and surrounding suburbs services

The Mindarie households we see often have one party who has worked away for years, and the arrangements built around that need rethinking.

Where income is irregular, a support figure set off one strong year rarely holds, so establishing a realistic average matters more here than almost anything else.

We work throughout the northern coastal corridor — Mullaloo, North Beach, Ocean Reef 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.

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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 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.

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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