Redcliffe 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.
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.
The work usually covers:
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.
Call us and we will tell you where you stand before you commit to anything.
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 can be assessed, agreed privately, or locked in through a binding agreement, and the right option depends on how predictable the incomes are. In an area like Redcliffe, 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:
We help establish an assessment, change one that no longer fits, put a binding agreement in place, or recover payments that have stopped.
Contact us and we will explain the realistic options for a matter like this.
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 eastern suburbs that usually means a house, two superannuation balances and a vehicle or two — straightforward, provided the super is actually split rather than ignored.
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.
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 eastern suburbs it comes up most often in longer marriages where one party worked part-time or stayed home while the other built a career.
We assess whether maintenance is payable at all, at what level, and for how long, then negotiate or apply for it.
Call us and we will tell you where you stand before you commit to anything.
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. With both households likely to stay within the eastern suburbs 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.
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. Around the eastern suburbs 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 two-year limitation period from separation is the thing to watch. We will tell you where you sit on it at the first appointment.
Talk to us early. It usually means fewer costs and more options.
Contact our experienced divorce lawyers for Redcliffe.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. Across the eastern suburbs that means the settlement and the parenting arrangements are the real work, and the divorce is the paperwork at the end.
Sole or joint application, we handle the filing and tell you what the court will want to see.
Call us and we will tell you where you stand before you commit to anything.
Households in Redcliffe are typically settled and local, and after a separation both parties usually want to stay in the area.
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.
We work throughout the eastern suburbs — Rivervale, Wattle Grove, Welshpool among them — so none of this is new territory.
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.
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.