Divorce Lawyers Perth
It is at distressing times, like when a relationship breaks down, that a caring approach and personalised service really count. That is what our team of experienced Perth family lawyers is all about.
Few times in life are more traumatic or uncertain than the end of a relationship. It is at this times you need practical, helpful advice.
No matter how rocky the road, the ultimate destination for most people is the same – separating assets and debts to achieve financial independence and a brighter future, and getting good routines in place for happy children and happy parents.
TGB’s Perth family lawyers take the time to help you understand the separation process and its different stages so you greatly improve your chances of getting through it without going broke or experiencing extreme emotional trauma. We want you to help you move forward with confidence.
Our Perth divorce lawyers can help you with:
- Getting a divorce
- Property Settlement
- Children’s Arrangements
- Child Support
- Pre-nuptial/financial agreements
- International divorce
- Surrogacy and;
- Mediation and Collaborative Divorce
TGB now offers Fixed Fee family law services to clients. Conditions apply.
Getting a divorce
Getting a divorce is simply getting unmarried. It is quite separate from arrangements with your ex spouse over property or children.
In Australia we have ‘no fault’ divorce. That means you don’t have to show that the marriage breakdown was caused by the behaviour of one of the spouses. Generally, all you need to show is that you have been separated for 12 months and that there is no possibility of reconciliation. (If the marriage lasted for less than two years the rules are different).
For these purposes, “separation” doesn’t mean you necessarily have to live apart. You can be separated under the same roof. Some of our clients choose to handle their divorce themselves. Others ask us, as their Perth divorce lawyer, to handle it for them. Some divorces can be more difficult and are best handled by a family lawyer in Perth (such as where a spouse’s whereabouts is unknown or where a marriage certificate is lost).
However the divorce is handled it must be remembered that, once a divorce has been finalised, you only have 12 months in which to lodge an application in the Family Law Courts for a property settlement.
If a relationship has reached the stage of separation, it is important that you are aware of your rights and obligations. Often in crisis, people rely upon the advice of well-meaning friends and relatives instead of expert advice from Perth divorce lawyers. However, the circumstances of each person are different and the approach which should be taken will vary. Financial security in the future often depends upon the outcome of a settlement. It is important, therefore, to get the right advice early, so speak to TGB’s Perth family law team today and find out where you stand.
When should you seek advice?
People who are experiencing relationship difficulties often do not seek advice until after they have made a number of important decisions. This delay can cause considerable difficulties. If you find yourself in a relationship which is in difficulty and separation is on the horizon then it is preferable that you obtain advice from a Perth family lawyer before you separate. Parties should not discuss a proposal for property settlement or the issue of children without having first sought professional assistance from a Perth divorce lawyer. Often by seeking advice early on you can prevent long expensive litigation in the future.
A property settlement is an arrangement about how you and your ex-spouse divide up your property. This can occur after separation and before divorce, or after divorce.
‘Property’ can be almost anything. It includes the obvious things like a house or a car or money in a bank. But it may also include less obvious things like long service leave entitlements, superannuation, potential compensation claims and debts owed to you or your ex-spouse. Your Perth family lawyer will be able to help you assess all of these.
The best way to sort these issues out is to talk to your ex-spouse and reach an agreement. It is wise though to get independent legal advice from a Perth divorce lawyer before you do that, so you know exactly what your entitlements and obligations are.
If you reach an agreement with you ex-spouse it is common to get the Family Court to make a consent order that reflects what you have agreed or you can enter into a Binding Financial Agreement (BFA). As your Perth family lawyer in Perth, we can draft that consent order or BFA and associated documents for you.
If you don’t reach an agreement with your ex-spouse your Perth family lawyer can apply to the Family Law Courts for orders to be made to determine your property settlement. The court will also encourage you to agree by organising a conference which you, your ex-spouse and your lawyers attend. A Registrar of the court also attends that conference to help the negotiations along. If that conference doesn’t resolve things the case is referred to the waiting list for a trial. Because that list is long, you may have to wait for over a year until your trial takes place.
It is a fundamental principle of Perth family law that, except in exceptional circumstances, it is in the interests of a child to regularly spend time with both parents. The issue between parents is usually about how to sort out which parent the child lives with and how and when the child gets to spend time with the other parent.
Our Perth family lawyers want to help you reach a fair agreement with your partner as soon as possible, as doing this will greatly reduce any conflict and tension between the two of you.
The best way to sort these issues out is to talk to you ex-partner and reach an agreement. It is wise though to get independent legal advice from a Perth divorce lawyer before you do that so you know exactly where you stand.
No matter who a child lives with, and no matter what the state of the relationship between a child’s parents, both parents always have a responsibility to support the child.
In the past some parents have ignored this responsibility. The Child Support Agency has therefore been established to enforce child support payments. The Agency gathers the details of each parent’s income, applies a formula to work out how much child support must be paid, and advises both parents.
Tindall Gask Bentley’s Perth family lawyers can provide advice about how the system works and assist with any problems.
There is an increasing demand within our society for partners in a relationship to establish clear guidelines on the distribution of assets they had prior to the beginning of the relationship and that are accrued during the relationship.
These types of agreements are not only available to couples contemplating marriage, but also to people in or entering into de facto relationships, including Same-Sex de facto relationships. These agreements are known as Binding Financial Agreements and are only binding if they strictly comply with the requirements of the Family Law Act. The law requires that an agreement will only be binding if each party has had independent legal advice from a Perth family lawyer.
If you and your former spouse live overseas, or you are married to a person living abroad, the divorce process can be tricky. It is smart to get advice from a Perth divorce lawyer.
Another nation’s legal process, different laws, lawyers, language barriers and time differences mean it is likely to be time-consuming and confusing to manage international divorce yourself.
Our Perth family lawyers have the expertise to handle your international divorce. Not only can we connect you with a global network of legal professionals, but we are experienced in managing all aspects of international divorce. Tindall Gask Bentley’s Perth divorce lawyers pride themselves on delivering a fast, efficient resolution to your matter.
Surrogacy and other alternative pregnancy options
For couples exploring alternative pregnancy options such as surrogacy, artificial insemination, in vitro fertilization (IVF) and other forms of Assisted Reproductive Technology (ART), there are many legal issues to consider.
Unfortunately disputes between parties can occur during the surrogacy process and Tindall Gask Bentley’s Perth family lawyers can provide advice in these circumstances.