Samson parents: If you have already separated or are thinking about separating, And you have children, property or business interests then getting the right family law advice is a must. The cost of not doing so is immense. Both emotionally and financially. You need experienced, compassionate and affordable legal representation. Our team of local Perth Family Lawyers has the experience and knowledge to 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.
Typically that involves:
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.
We take these matters on regularly. Call us and we will be straight with you about it.
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 an area like Samson, 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.
We assist with:
Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.
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!
Financial separation is the step that stops your finances staying tangled with your former partner’s indefinitely. In the Fremantle and southern coastal suburbs that usually means a house, two superannuation balances and a vehicle or two — straightforward, provided the super is actually split rather than ignored.
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.
Where one party stepped back from work during the relationship, maintenance is often the bridge between separation and getting back on their feet. In the Fremantle and southern coastal 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.
Talk to us early. It usually means fewer costs and more options.
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.
Most parenting arrangements are settled by agreement and then formalised, which is far cheaper and far less damaging than a contested hearing. With both households likely to stay within the Fremantle and southern coastal 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.
Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.
If this is where you are at, call us and we will talk it through.
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. Around the Fremantle and southern coastal 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.
We advise on whether the relationship meets the definition, what you are entitled to, and how to deal with property and children.
Call us and we will tell you where you stand before you commit to anything.
Contact our experienced divorce lawyers for Samson.
Getting divorced does not divide anything. The financial side has to be dealt with separately, and there is a twelve-month deadline after the divorce to start it. Across the Fremantle and southern coastal suburbs that means the settlement and the parenting arrangements are the real work, and the divorce is the paperwork at the end.
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.
If this is where you are at, call us and we will talk it through.
Samson households are generally long-established, which means a separation there is rarely about recent decisions. It is about two decades of them.
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.
The Fremantle and southern coastal suburbs is home ground for us, South Fremantle, South Lake, Spearwood included.
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 straightforward 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.