MKI Legal Has Been Featured In
Free Initial Discussion
We offer a FREE no-obligation initial discussion about your circumstances.*
We can give you price certainty by agreeing to a fixed fee before we start any work. No surprise billing.
If your situation involves splitting property, you might qualify for our pay-at-the-end arrangement.*
FAMILY LAW ADVICE
Everyone knows someone who’s gone through a separation or divorce. It happens to 50% of couples.
The Australian legal system is designed to make things fair and equitable for everyone.
When a relationship ends, you want to take steps to start moving on with life. Our family lawyers can help you do that.
The Most Important Things To Sort Out
The most important issues you need to resolve after separating are:
- legally dividing the assets, money, super and debts of the relationship; and
- make suitable arrangements for any children under 18.
Do I need a Lawyer?
Speaking to a lawyer does not mean you are escalating the situation or pulling out the big missiles right away.
Our family lawyers are here to guide you through your separation. To help you do it as quickly as possible, as cheaply as possible and for you to get a good outcome.
Using a lawyer helps you stay on the right track and understand what to do next.
Sometimes all we do is give advice, never communicate with your ex-partner, and make sure you’re taking all the right steps. We work behind-the-scenes.
Other times, we may need to communicate directly with your ex-partner on your behalf if nothing else has worked.
You might have spoken to friends who’ve separated. While it’s a great idea to get emotional support from your friends, it’s not a good idea to get legal advice from someone who is not legally qualified as every situation is different – and bad advice could cost you.
Where to Start?
The best place to start is to call us for a free no-obligation discussion. We can give you an idea of your next best steps.
WE CAN HELP NO MATTER WHERE YOU ARE AT
Thinking about separation is often the hardest part of any kind of relationship breakdown.
It can feel impossible to navigate emotions, children, your house, pets, debts and envision what your life will look like without the other person in it.
MKI Legal will bring clarity and help you address each aspect of your separation.
If you’ve reached an agreement with you ex, you are more than halfway there! You need to have it documented properly.
Turning your agreement into one that is legally binding should be a priority as it stops someone from changing their mind and asking for more later on.
It can also save you thousands in stamp duty fees
If you are yet to come to an agreement with your ex, this can be one of the best times to get legal advice.
Our family lawyers can help you understand what your entitlements should be, how to go about splitting your assets and liabilities, how to decide children’s arrangements, and the best ways to make your agreement legally binding.
If you have started family court proceedings, you know that the process can be confusing and frustrating.
Having an experienced and empathetic lawyer by your side will help you achieve the best results for you and your family.
Whether you need some advice about drafting your documents or you wish to have a lawyer by-your-side for the entire process, get in touch today to discuss your options.
Learn 5 Ways To Protect Your Money & Have An Easier Separation
Download our free guide and learn how to avoid the mistakes that could cost you thousands.
If you have reached an agreement with your ex partner, turning that agreement into consent orders is the easiest, most cost-effective way to make your agreement legally binding.
Consent orders can be made for both property division and children’s matters. For the court to turn your consent orders into legally binding family court orders, they must meet certain requirements.
We offer advice and court representation for property settlement for both married couples and de facto couples.
No matter what stage you are at with your property settlement, from understanding what your entitlements are to negotiations with your ex and proceedings in the family court of WA, we are here to help!
We understand that your children are your number one priority and we are here to help you have a great relationship with them regardless of your family situation.
A meaningful relationship is different for everyone, and your family lawyer can help explain to you what might be best in your circumstances. Outcomes may be flexible to fit your family lifestyles.
Mediation is a form of alternative dispute resolution which can be an excellent way to resolve your issues instead of going to the Family Court of WA.
During mediation, you and your partner will meet with a trained mediator to help you come to a decision about your family law issues. It is a good idea to see a family lawyer both before and after mediation.
DE FACTO RELATIONSHIPS
A de facto relationship is defined as a couple who have lived together on a “genuine domestic basis” for at least two years (but it can be earlier).
De facto relationship issues are treated the same as married couples in WA, except in the way that superannuation is treated post-separation.
Our team of family lawyers can create a binding financial agreement for you based on your needs. A BFA does need to be prepared by a lawyer, and attempting to prepare one yourself is not recommended as errors in a BFA can deem it invalid.
The purpose of a BFA is to govern how your property will be split in the event of a separation in a simple, predictable and final way.
SAME SEX COUPLES
Since the historic plebiscite in 2017, same sex couples have shared the same rights as opposite sex couples when it comes to children’s arrangements, property division and marriage in Australia.
Whether you are looking for advice regarding children, property division or divorce from a same sex couple, we are well equipped to help you understand your rights.
WHAT OUR CLIENTS SAY ABOUT IS
"I've followed everything you've said and it's worked"
Family law client of MKI Legal
"You go above and beyond for people and that is a rare quality to find these days."
Family law client of MKI Legal
"Thank you so much for all the hard work. It was life changing."
Family law client of MKI Legal
Important Questions Answered
Sorting the House, Property, Super & Money etc
In Australia, simply splitting the assets 50/50 is not how it works.
The house, bank accounts, business, shares, super, mortgage, credit card debt are divided in a manner that is fair.
How everything is split depends on many things including:
- what was brought into the relationship at the start;
- the length of the relationship;
- each person’s earning potential;
- if there are any health issues;
- who raised the kids;
- who worked;
- who did the housework;
- and more….
Our lawyers can give you an idea of what’s a fair split of your assets and debts based on your circumstances. We usually give a percentage range (within 10%) of what you could be entitled to.
Then it’s a matter of negotiating with your ex-partner on how to divide everything.
If you can get an agreement, the best way to make it legally binding is signing consent orders. If you don’t get consent orders, anyone is free to change their mind and come back for more later on.
While you can keep arrangements for the children informal – you should always legally formalise arrangements for splitting the assets, debts and super.
Sorting the Kids Issues
If you and your ex-partner are amicable, then it’s possible for you to informally agree on how much time the children (under 18) spend with each of you.
Always remember that the arrangement must be what’s best for the children, and not what’s best for the parents.
Children should have the opportunity to spend time with each parent (if possible), but often it is not practical for the time to be divided exactly equally.
If you cannot agree, as to how much time each of you spend with the children, we can help you take steps to get a fair arrangement in place.
Do I need to Go to Court?
No. Court is always a last resort.
In WA, the Family Court of WA is responsible for dealing with all issues that arise from a family relationship breakdown.
There are special procedures in place to sort everything out without starting court proceedings.
We try to keep things out of court – if we can.
If there is no other option whatsoever, our lawyers have lots of experience dealing with Family Court litigation.
How Long Does It Take?
Every situation is different and it depends on whether you and you ex-partner are amicable.
The longer you leave it, the longer it will take. Some people bury their head in the sand and don’t do anything for years – which you shouldn’t do.
The quicker you take action, the quicker you can move on with life.
If you have an agreement with your partner, we can resolve everything quickly (e,g within a few weeks to a couple of months).
If you don’t have an agreement, we can guide you to get to an agreement. Every negotiation is different but once you start the process, it could take 2 to 3 months to find out if you can come to an agreement or not.
If you’re forced to go to court, then it could take longer.
How Much Does a Lawyer Cost?
Our initial discussion is free.
We can provide you with a fixed fee quote so you know how much you’re going to pay before we start the work.
In some cases, if you own real estate, there are arrangements where legal fees can be deferred until the end.*
It’s not as expensive as you think. We’re happy to discuss fees upfront.