Practice Area
Family Law
Separation
Divorce
Applying for a divorce involves filing an application with the Federal Circuit and Family Court of Australia. However, in Western Australia, this process is handled by the Family Court of Western Australia. To be eligible, you must have been separated from your spouse for at least 12 months and demonstrate that the marriage has irretrievably broken down. You can file the application either individually or jointly with your spouse.
If you need assistance with your divorce application, we are here to help you through the process.
Property Settlement
Property settlement involves dividing the assets and liabilities accumulated during the marriage. Both parties must fully disclose their financial positions, including assets, liabilities and contributions to the marriage. The settlement is determined based on factors such as contributions, future needs and equitable distribution principles. It is important to finalise the settlement within 12 months of the divorce becoming final to ensure all claims are addressed. If you are in a de-facto relationship, you need to initiate property settlement proceedings within two years from the date of separation.
Our team is here to assist you through the property settlement process, ensuring your interests are protected and helping you achieve a fair resolution.
Prenuptial Agreement
A prenuptial agreement or binding financial agreement is a legal document that outlines how assets, liabilities and financial matters will be managed in the event of a relationship breakdown, separation or divorce. By entering into a prenuptial agreement, both parties can establish clear legally binding financial arrangements and prevent potential disputes in the future. For a prenuptial agreement to be valid, each party must seek independent legal advice before signing. This ensures that the agreement is fair and enforceable, providing peace of mind and clarity for both parties.
If you have any concerns or need assistance with drafting a prenuptial agreement, our team is here to assist you.
Spousal Maintenance
What is Spousal Maintenance?
Spousal maintenance is financial support that one partner may be required to pay to the other following the breakdown of a marriage or de facto relationship. It is designed to ensure that one party, who is unable to meet their reasonable living expenses, receives support from their former partner.
Who Can Get Spousal Maintenance?
You may be eligible for spousal maintenance if:
- You cannot meet your living expenses due to factors like caring for children, age, or health issues.
- Your former partner has the financial capacity to provide support.
We can assist you with:
- Determining if you are eligible for spousal maintenance,
- Negotiating agreements, or
- Representing you in court if necessary.
If you need advice on spousal maintenance, contact us today for a confidential consultation.
Tailored and Effective Legal Services
Our experienced team understands that navigating legal challenges can be daunting, and we are here to support you every step of the way.