Mount Pleasant 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.
Almost every separation lands on the same question — what happens to the house, and what does the other person get instead of it. When the house is that large a share of the asset pool, keeping it generally means a substantial super split, a refinance, or a sale — not a straight fifty-fifty.
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.
Contact us and we will explain the realistic options for a matter like this.
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. Private school fees, extracurriculars and health cover are common in Mount Pleasant and they are not covered by the standard assessment, so they need dealing with separately.
We assist with:
We help establish an assessment, change one that no longer fits, put a binding agreement in place, or recover payments that have stopped.
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!
Until the assets are formally divided, both of you remain exposed to the other’s debts and decisions. In the southern river districts it is common for assets to be held through a company or a family trust, which changes both what is in the asset pool and how it can be moved.
The exercise covers:
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.
Contact us and we will explain the realistic options for a matter like this.
If you are considering separating from your spouse, or have already done so, you may be entitled to, or liable for spousal maintenance.
Maintenance is separate from child support and separate from the property settlement, though the three interact. In the southern river districts the standard of living during the relationship is usually high, and maintenance is assessed against reasonable needs rather than against that standard.
Maintenance is often better resolved as part of the overall settlement than run separately, and we will advise you on which approach suits.
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.
The law starts from the best interests of the child, not from either parent’s preference. In the southern river districts school choice is often the flashpoint, and who decides it is exactly what parental responsibility covers.
Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.
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.
If you lived together on a genuine domestic basis for two years, or you have a child together, the law generally treats it as a de facto relationship. In the southern river districts the assets brought into the relationship are often significant, and how they are treated depends on the length of the relationship and what happened during it.
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 Pleasant.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. Where there are companies, trusts or overseas assets involved, get the financial side moving well before the divorce is finalised.
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.
People in Mount Pleasant households often have a clear division of roles behind them — one building a career or a practice, one carrying the family.
Where one party built the earning capacity and the other carried the household, future needs do real work in the settlement, and so does full disclosure of what actually exists.
The southern river districts is home ground for us, Murdoch, Myaree, Riverton included.
Come in if it suits, or do it by phone and video if that is easier.
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 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.
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.
