Mount Claremont 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.
The point of a property settlement is a clean break with numbers behind it, not a rough split agreed in a bad week. High land value against a small asset base means the numbers look generous on paper and are awkward to actually divide, so superannuation often has to do the balancing.
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.
Give us a call and we will set out how this works in your situation.
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 Mount Claremont, both parents usually stay close to the same schools and the same commute, so the arrangement tends to be practical — the income disclosure is where the argument sits.
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.
Call us and we will tell you where you stand before you commit to anything.
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 western suburbs there is often an investment property or a share portfolio alongside the home, and each has its own tax consequence on transfer.
We can assist with:
Where assets sit in a company, a trust or someone else’s name, we work out what is genuinely in the asset pool and what is not.
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. Around the western suburbs the gap between two professional incomes can be wide enough that maintenance is genuinely in play, at least for a period.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change it.
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. Around the western suburbs the distances are short, which gives real flexibility — the arrangement should say what happens when work travel or shift changes get in the way.
We help negotiate a parenting arrangement, then formalise it as a parenting plan or consent orders so everyone knows where they stand.
Give us a call and we will set out how this works in your situation.
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. In the western suburbs de facto separations often involve an apartment or villa bought by one party before the relationship, and contributions since then still count.
We advise on whether the relationship meets the definition, what you are entitled to, and how to deal with property and children.
We take these matters on regularly. Call us and we will be straight with you about it.
Contact our experienced divorce lawyers for Mount Claremont.
Divorce and property settlement are two different things, and people are often surprised that one does not deal with the other. For clients around the western suburbs the practical point is the deadline: once the divorce is final, you have twelve months to start property proceedings.
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.
We take these matters on regularly. Call us and we will be straight with you about it.
Households in Mount Claremont are smaller and often younger — couples both working, sometimes with one child, frequently de facto rather than married.
Two incomes and few dependants sounds simple, but de facto separations carry a two-year time limit from the date of separation, and it is missed more often than people expect.
We act right across the western suburbs, Nedlands, Peppermint Grove, Shenton Park included, so this is familiar ground for us.
Appointments in the office or online, whichever you prefer.
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 short drive across the river 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.
No, and you should not wait. Property and parenting can be dealt with as soon as you separate. Once a divorce is final, there is a twelve-month limit to start property proceedings, which is a deadline people do miss.
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.
