South Fremantle 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.
Almost every separation lands on the same question — what happens to the house, and what does the other person get instead of it. Where there is a second property, a caravan or a boat in the mix, it needs valuing properly rather than being waved through as a lifestyle item.
The work usually covers:
We will tell you early what a realistic range looks like, so you are negotiating against a number rather than against a feeling.
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. Self-employment and rostered work are common around South Fremantle, and irregular income is the single most common reason an assessment does not reflect reality.
We assist with:
Where the assessment does not reflect what someone actually earns, there are formal ways to challenge it, and we use them.
Give us a call and we will set out how this works in your situation.
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 Fremantle and southern coastal suburbs there is often a boat, a caravan or a second property, and those are assets in law regardless of how they are thought of at home.
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.
Talk to us early. It usually means fewer costs and more options.
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. Where income around the Fremantle and southern coastal suburbs is seasonal or self-employed, a maintenance figure set off one good year rarely holds.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change 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.
Parenting arrangements have to work for years, and they have to be able to change as school, work and the children do. Around the Fremantle and southern coastal suburbs catchments are spread out and one parent often moves closer to work, so the orders need to say what happens if someone relocates.
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.
The critical difference for de facto couples is timing: there is a two-year limit from separation to apply, and it is missed more often than you would think. Around the Fremantle and southern coastal suburbs a shared property, or one bought by a partner before the relationship started, is usually the sticking point regardless of whose name it sits in.
The process is the same as for a married couple: identify the asset pool, negotiate, then formalise through consent orders.
Call us and we will tell you where you stand before you commit to anything.
Contact our experienced divorce lawyers for South Fremantle.
Divorce and property settlement are two different things, and people are often surprised that one does not deal with the other. A joint application saves time and avoids service, and the whole thing can be done online without either of you attending.
Where you have been married under two years, or your former spouse cannot be located, there are extra steps and we will walk you through them.
Call us and we will tell you where you stand before you commit to anything.
The South Fremantle households we see often have one party who has worked away for years, and the arrangements built around that need rethinking.
Where income is irregular, a support figure set off one strong year rarely holds, so establishing a realistic average matters more here than almost anything else.
The Fremantle and southern coastal suburbs is home ground for us, South Lake, Spearwood, Success included.
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 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.
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.