Get Help From AFamily Lawyer
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.
- Make suitable arrangements for any children under 18.
Do I need a Family Lawyer?
Speaking to a family 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 family 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 as your family lawyer.
Other times, one of our family lawyers 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 a family lawyer 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.
If you are still learning about the process, our family lawyers have prepared an extensive family law guide which helps you understand the main steps to take after separating.
Our Perth family lawyers can help you legally and fairly divide all the assets and debts of your relationship. It’s important to make your agreement legally binding so no one changes their mind later on. One of our family lawyers can help you understand what you’re entitled to and the legal process involved.
There are three main options when it comes to sharing custody of children. You can keep the arrangement informal, you can prepare a parenting plan, or you can sign consent orders to make it legally binding. Our Perth family lawyers can help you navigate the process to help you get the best arrangements in place for your children.
Separating is a Journey
Everyone is at a different stage in their separation journey.
It’s fine to go at your own pace.
Choose the stage that best reflects your situation so we can help you better.
Thinking About It Or Newly Separated
Considering separation or recently separated? A family lawyer can advise you on the next steps.That's Me
You and your ex-partner are amicable and have agreed on some things. Find out how to make it legally binding.That's Me
You and your ex partner cannot seem to agree on moving forwards or not yet speaking. Using a family lawyer might be a good option to communicate on your behalf.That's Me
Court proceedings have or are about to start. Our family lawyers have the relevant court experience to help you.That's Me
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, our family lawyers can resolve everything quickly (e,g within a few weeks to a couple of months).
If you don’t have an agreement, one of our family lawyers 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 family lawyer cost?
Our initial discussion is free so you can give us a call and chat about your family law case.
We can provide you with a fixed fee quote so you know how much you’re going to pay before your family lawyer starts 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.
Do I need to go to court?
No. Court is always a last resort and our Perth family lawyers do everything possible to keep your case out of court.
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 family lawyers have experience dealing with Family Court litigation.
Ways We Keep It Out Of Court
Going to the Family Court of Western Australia is always a last resort. Wherever possible, we always try to avoid starting court proceedings.
After you separate, our family lawyers can help you negotiate with your partner about dividing your assets and debts, and sharing time with your children.
We normally do this by sending correspondence to your partner outlining your proposal. We also review and respond to any offers made by your partner.
If you prefer to talk to your partner directly, that is also fine. We can guide on what to say and the proposals to put forward.
With property matters, we can also assist you with exchanging “disclosure” with your partner. When negotiating on how to divide your property, you both have a legal duty to provide full and frank “disclosure”. This means you have to be open and honest about what you own.
We can help you obtain “disclosure” if you need that assistance. This involves exchanging documents with each other so you know exactly what you both have because this will help you make an informed decision about what is a fair and equitable division of your assets. The documents normally exchanged include tax returns, notices of assessments, superannuation statements, payslips, employment contracts, financial statements for businesses owned, bank statements, loan accounts, credit card statements, mortgage statements etc.
Documenting Your Agreement
If you and your partner can reach an agreement, we can help you document it properly.
When it comes to dividing your finances, it’s best to make sure you make your agreement legally binding. There are only two ways to do this: consent orders or a binding financial agreement. If you don’t do either of these two things, you or your partner can change your mind. This means your partner can freely renege of the deal, go after you for more or withhold paying you the agreed amount.
When it comes to children, you can either decide on a parenting plan (which is not legally binding) or consent orders (which is legally binding). If you are concerned your partner may not follow the agreement, we recommend creating consent orders.
Not Sure What To Do Next?Free Discussion
The family law team at MKI Legal can assist you with any questions about your family law matter, separation, splitting your assets or your children. We can help you make the right decision on what to do next.
Our family lawyers are here to help you
Family Law Services
Property (Assets & Debts)
We offer advice and court representation for property settlement.
We understand that your children are your number one priority and we are here to help you.
Consent orders can be made for both property division and children’s matters.
Family Court (Property)
We can represent you in the Family Court to divide your assets and debts.
Binding Financial Agreements
If you have separated, we can prepare a BFA to make the division of your assets and debts legally binding.
Getting divorced is the formal process of dissolving a marriage. Certain time limits apply.
We can prepare a BFA to determine how your assets are divided if you end up separating.
Separation relates to the breakdown of either a de facto relationship or a marriage.
Mediation is a form of alternative dispute resolution instead of going to the Family Court of WA.
Same sex couples share the same rights as opposite sex couples.
A de facto relationship is defined as a couple who have lived together for 2+ years.
Spousal maintenance is financial support paid by one partner to another when their relationship has ended.
OurLegal TeamAre Here To Help
The family lawyers at MKI Legal can help you get the right information, understand where you stand, prepare the legal documents, negotiate with your partner or if required, start family court proceedings.
Get In Touch WithMKI Legal
Suite 1, Level 4, 200 Adelaide Terrace, EAST PERTH WA 6004
(08) 9470 2777