Nedlands 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.
A property settlement ends the financial relationship. Until it is done properly, your former partner still has a claim on what you own. 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.
The assessment is one thing. Whether it gets paid, and what to do when it does not, is another. Private school fees, extracurriculars and health cover are common in Nedlands and they are not covered by the standard assessment, so they need dealing with separately.
We assist with:
We can also deal with the costs that sit outside the formula — school fees, medical expenses and extracurriculars — through a written agreement.
If this is where you are at, call us and we will talk it through.
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 western suburbs 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:
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.
Call us and we will tell you where you stand before you commit to anything.
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 western suburbs the standard of living during the relationship is usually high, and maintenance is assessed against reasonable needs rather than against that standard.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change it.
If this is where you are at, call us and we will talk it through.
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.
Parental responsibility is about the long-term decisions — schooling, medical care, where the children live and who they spend time with. In the western suburbs school choice is often the flashpoint, and who decides it is exactly what parental responsibility covers.
We help negotiate a parenting arrangement, then formalise it as a parenting plan or consent orders so everyone knows where they stand.
We take these matters on regularly. Call us and we will be straight with you about it.
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 western suburbs 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.
Give us a call and we will set out how this works in your situation.
Contact our experienced divorce lawyers for Nedlands.
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. Where there are companies, trusts or overseas assets involved, get the financial side moving well before the divorce is finalised.
Sole or joint application, we handle the filing and tell you what the court will want to see.
Contact us and we will explain the realistic options for a matter like this.
The Nedlands households we see usually have more moving parts than a payslip and a mortgage, and that is where the work is.
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.
We act right across the western suburbs, Peppermint Grove, Shenton Park, Subiaco included, so this is familiar ground for us.
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 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.
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.
