Welshpool 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.
The point of a property settlement is a clean break with numbers behind it, not a rough split agreed in a bad week. That usually means a modest home in the area around it, and sometimes an interest in a business as well — and where there is one, it forms part of the asset pool and has to be valued rather than set aside.
The work usually covers:
Our job is to get you a settlement you can live with, documented properly, without spending the difference on legal fees getting there.
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.
The assessment is one thing. Whether it gets paid, and what to do when it does not, is another. Shift work is common, and where a parent is paid irregularly or draws from their own business rather than a wage, the assessment often understates what they actually earn. That can be corrected.
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.
We take these matters on regularly. Call us and we will be straight with you about it.
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. The asset pool is usually a house, two superannuation balances and, in some matters, an interest in something operating locally. All of it counts, including the parts held in one name only.
We can assist with:
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.
We take these matters on regularly. Call us and we will be straight with you about it.
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 is drawn rather than paid as a wage, what appears on paper and what is actually available are different figures, and both get looked at.
If you are already paying, we will tell you whether the amount is defensible and what it would take to change 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.
The law starts from the best interests of the child, not from either parent’s preference. Early starts and shift rosters are the norm across the eastern suburbs, so a parenting arrangement has to be written around the actual roster instead of a standard fortnight.
Where agreement is not possible, we advise on mediation and, if it comes to it, on applying to the Family Court of Western Australia.
Call us and we will tell you where you stand before you commit to anything.
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.
De facto couples have broadly the same property and maintenance rights as married couples, and the same obligations. Couples in this part of Perth often buy a property with the title in one name, or one partner pays into the other’s mortgage for years. Neither of those settles 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.
If this is where you are at, call us and we will talk it through.
Contact our experienced divorce lawyers for Welshpool.
The divorce application itself is usually the simplest part of a separation. It is a court order ending the marriage, nothing more. The divorce itself is straightforward. The parts worth getting right are the property split and the parenting arrangements, and both should be underway before the twelve-month deadline.
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.
Give us a call and we will set out how this works in your situation.
Households linked to Welshpool are the ones around it, and irregular hours shape most of what follows a separation.
Irregular hours mean a parenting arrangement built around a standard fortnight tends to fail within a couple of months, so it needs writing around the actual roster.
The eastern suburbs is home ground for us, Ascot, Belmont, Cloverdale 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 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.