Family law, in every form it takes.

Divorce

In Australia, divorce is the legal end of a marriage and is dealt with separately from property and parenting arrangements. The only ground is that the marriage has broken down irretrievably, shown by twelve months of separation.

We guide you through the application, whether you apply on your own or jointly with your former partner, and make sure the process is handled correctly so you can close that chapter with certainty.

Property settlement

When a relationship ends, you and your former partner need to divide your assets, liabilities and, for married couples in Western Australia, your superannuation. There is no fixed formula.

A fair division looks at what each of you brought in, the contributions you each made during the relationship, and your future needs. We help you reach a settlement that is fair and final, by agreement where possible and through the court where necessary.

Care of children

The most important question after separation is how your children will be cared for. We help you put practical parenting arrangements in place that focus on your children's best interests, covering where they live, the time they spend with each parent, and how major decisions are made.

Where agreement is possible we formalise it so everyone has certainty. Where it is not, we advocate firmly and calmly for your children.

De facto relationships

De facto partners in Western Australia have many of the same rights as married couples when it comes to property and maintenance, provided certain criteria are met. If your de facto relationship has ended, we advise you on your entitlements and help you reach a fair financial settlement.

Spousal and partner maintenance

In some cases one partner cannot adequately support themselves after separation while the other has the capacity to help. Maintenance is financial support paid from one former partner to the other.

We advise on whether maintenance applies in your situation, and help you make or respond to a claim.

Adult child maintenance

Financial support for a child can continue past the age of eighteen where the child is completing their education or has a disability. We help parents apply for, or respond to applications for, adult child maintenance.

Child support

Both parents have a duty to support their children financially. Child support is usually assessed by Services Australia, but the rules can be complex and disputes are common.

We advise on assessments, departures from the standard formula, binding child support agreements and enforcement.

Financial agreements

A financial agreement, sometimes called a pre-nuptial agreement, sets out how your assets will be divided if your relationship ends. They can be made before, during or after a marriage or de facto relationship.

Done properly, they provide certainty and protect what matters to you. We prepare and advise on agreements that are carefully drafted and sound.

Mediation and dispute resolution

Going to court is not the only way, and rarely the best way, to resolve a family law matter. Mediation and other forms of dispute resolution help separating couples reach agreement with less cost, less delay and less conflict.

With accredited mediation training in the firm, we are well placed to help you settle matters constructively.

Consent applications and orders

When you and your former partner reach agreement on property or parenting, you can ask the court to make it official through consent orders. This makes your agreement legally binding and enforceable without the need for a hearing.

We prepare consent applications that protect your interests and stand up over time.

Enforcement of orders

An agreement or court order is only useful if it is followed. When the other party does not comply, we help you enforce property orders, parenting orders and financial agreements through the appropriate channels.

Wills

Protecting your family extends beyond separation. We prepare clear, valid wills that make sure your wishes are followed and your family is provided for, including after a change in your relationship circumstances.

The information on this page is general in nature and is not legal advice. For advice about your own circumstances, please get in touch.