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FAMILY LAWYER BUNBURY

Peter J Griffin Lawyers are well-known within Bunbury & surroundings for their divorce law expertise and thoughtful and professional approach.

 

Are you looking for a Family Lawyer in Bunbury? Look no further than Peter J Griffin. We are experts in all aspects of Family Law, including property and financial settlementsseparation and divorce. We recognise the emotional and financial aftermaths that stem from a relationship breakdown.

We have offices in Perth and in Bunbury. Book an appointment with us to discuss your matter. We offer compassionate and pragmatic legal advice on Family Law matters in WA.

Our Family Lawyers in Bunbury are here to assist you with legal advice & representation.

- BUNBURY BASED FAMILY LAW PRACTICE

Alternative Dispute Resolution

We strive to resolve Family Law matters without the necessity of going to Court. We focus on alternative dispute resolution methods such as negotiation and mediation to save our clients considerable time, financial resources, and stress.

However, should your case require court proceedings, our Family Law specialists in Bunbury are ready to assist every step of the way. We will provide expert legal advice and representation. Our legal team in Bunbury will advise about all your legal options so you can make well-informed decisions.

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- BUNBURY PROPERTY SETTLEMENT LAWYERS -

Property & Financial Settlement after separation

Upon separation, dividing your assets — such as your home, vehicles, bank accounts, and superannuation — and managing your independent finances can be tricky. Navigating asset division is intricate, and it’s advisable to obtain professional advice from Family Law experts before initiating this process.

Typically, the Family Court adopts a five-step approach to determine the distribution of assets and liabilities:

  1. Establish the nature and value of the existing property.
  2. Determine if a property settlement is necessary.
  3. Evaluate each person’s contributions, which includes financial, non-financial, homemaker, and parental contributions.
  4. Assess each person’s future requirements.
  5. Verify that the property settlement is ‘just and equitable’, meaning it’s fair to all parties involved.
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Property & Financial Settlement after separation

Upon separation, dividing your assets — such as your home, vehicles, bank accounts, and superannuation — and managing your independent finances can be tricky. Navigating asset division is intricate, and it’s advisable to obtain professional advice from Family Law experts before initiating this process.

Typically, the Family Court adopts a five-step approach to determine the distribution of assets and liabilities:

  1. Establish the nature and value of the existing property.
  2. Determine if a property settlement is necessary.
  3. Evaluate each person’s contributions, which includes financial, non-financial, homemaker, and parental contributions.
  4. Assess each person’s future requirements.
  5. Verify that the property settlement is ‘just and equitable’, meaning it’s fair to all parties involved.

Should you and your former spouse reach a consensus on the property settlement, this agreement can be made official through Consent Orders or a Binding Financial Agreement.

Timelines for initiating Court proceedings for property settlement vary:

  1. If married, proceedings must begin within 12 months of your divorce order; and
  2. For de facto couples, proceedings must commence within 2 years from the separation date.

Contact our Bunbury office for a confidential discussion.

- DIVORCE LAWYERS IN BUNBURY -

Divorce Applications

A divorce officially ends a marriage. Eligibility for filing for divorce depends on meeting certain requirements. You must demonstrate that your marriage has irretrievably broken down – usually by a separation of at least 12 months prior to filing a divorce application. You must also show that there’s no likelihood of reconciliation. Neither you nor your former partner need to prove that the other is responsible for the break of the relationship.

 
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If your marriage lasted less than 2 years (including a minimum of 12 months separation), you’re required to undergo counselling and obtain a certificate confirming your attendance.

 

Court attendance is not required in cases where a joint application has been filed by both you and your ex-partner. 

When do you need to attend Court?

  • Court attendance is required if a single divorce application is filed by either you or your former partner and you have children under the age of 18 (including adopted children and stepchildren). The Court must be satisfied that adequate arrangements have been made for your children before granting the divorce.

 

  • If either you or your former partner file an objection to the divorce with the Court, you will also be required to attend a hearing.
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De facto Relationships

A de facto relationship is a partnership between two individuals who are not married, but live together as a couple in a domestic arrangement. De facto relationships can be between people of the same gender or of different genders.

If your de facto relationship has broken down, you can request the Family Court WA to decide about the division of your shared property and maintenance.

 

For individuals who were in a de facto relationship, there are time constraints when applying to the Family Court for a property settlement. Applications need to be made within 2 years of separation. Beyond this timeframe, court permission must be obtained to request a property settlement, although such permissions are not always granted.

Post-separation Will & Estate Planning

Have you amended your Will following your divorce or separation? At Peter J Griffin & Co, we expertise in various practice areas, including areas commonly tied to Family Law cases. In case you haven’t updated your Will since your separation, there’s a risk that your property and assets may inadvertently be passed on to your former partner or spouse in the unfortunate event of your death. We recommend that you review your Will and life insurance beneficiaries following a separation or divorce. Read more about our Will & Estate Planning Lawyers in Perth

 
 
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OUR DIVORCE & SETTLEMENT SERVICES

Divorce Cases

Property Settlements

Spousal Maintenance

Superannuation Splitting

Consent Orders

Binding Financial Agreements

Representation in Family Court

ARE YOU IN A DE FACTO RELATIONSHIP OR MARRIED?

If you are in a de facto relationship or marriage and your relationship has come to an end, then you will have to decide how to finalise your financial arrangements and divide your assets. We understand the challenges you may be facing during separation or divorce, and we are can provide legal advice and help you reach the best outcome to your family.

 

GET LEGAL ADVICE TODAY

If you need advice regarding your divorce or any other family law matter, please contact our Family Law team in Perth to schedule an initial consultation.