Family Law

Divorce & Family Lawyers - Perth

More than 45 years of experience with family law applications, Court proceedings and negotiations

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Family Lawyers in Perth: Expert Legal Advice in Difficult Times

Family law matters can be quite stressful and emotionally charged. Whether it is separation/divorce, child custody, or property disputes, we can help you navigate the challenges with compassion and understanding.


Peter J Griffin & Co is a trusted family lawyer in Perth, and we are here to provide expert legal advice and assist you in negotiating family law issues, while being empathetic and compassionate.


We have over 45 years of experience in Family Law and our results speak for themselves.

Professional Legal Advice & Representation in Perth

As family law matters can get quite stressful for the people involved, it is essential that a legal representative is not only adept with the legal complexities and has great knowledge of the law but also understands people and is empathetic to their needs and of the situation they are going through.


A family lawyer who has their client’s best interest at heart will initially strive for amicable resolutions without the time-consuming and expensive court proceedings. We frequently recommend mediation as a fitting alternative for dispute resolution.


Get in touch with our Perth Family Lawyers for a confidential discussion of your case. We handle various family law matter and can assist you achieving the best and less expensive outcome. 

CALL TO BOOK A CONSULTATION

Divorce & Separation

To apply for a divorce in WA, the married partners must be separated for at least 12 months. In addition, one of the spouses must be an Australian citizen or should be residing in Australia. If you are married for less than two years, from the date of filing the divorce application, the court may arrange for counselling to discuss the possibilities of a reconciliation. If children are involved, you will have to inform the court about the arrangements made for their upbringing.


You do not need your spouse’s consent to get a divorce in Australia and the Family Court does not consider the reason/s the marriage ended. A divorce application can be filed by one spouse and the documents are then served to the other party. This is known as a sole divorce application and may be followed by a court hearing. You must also provide the documents to the other party at least 28 days before the date of the hearing. When both spouses file for divorce, it is known as a joint divorce application and usually, there is no need to attend a court for divorce as such, but you may still need to approach the Family Court to finalise parenting and property settlement matters. While filing, you will need to provide the marriage certificate. If the marriage certificate is not in English, you will have to arrange for a translated copy with an affidavit that the translation is accurate.


At Peter J Griffin & Co, we understand the sensitivity and emotional nature of divorce and related proceedings. Our family lawyers handle all cases with respects and understating. We can assist in negotiating with the other party or represent you in the Family Court too. 

DIVORCE PROCESS & APPLICATION

Property & Financial Settlement

Property settlement involves the division of all financial assets and liabilities after a separation. All assets and liabilities either in your name, joint name, or in the name of a company or trust including bank accounts, real estate, and vehicles come under the property. Businesses and superannuation are also included during property settlement. You are entitled to a property settlement if you are married or in a de facto relationship. However, you must apply for a property settlement within 12 months after a divorce for married couples and within two years if in a de facto relationship.

There is no single rule or a formula to split the property and it varies from one case to another. Several factors are taken into consideration before dividing property and assets accumulated during the relationship. Lifestyle, earning capacity, marital property, financial resources, asset pools, liabilities and debts, financial position, current and future needs, children and parenting contributions, each party’s financial and non-financial contributions, and duration of the relationship or marriage are taken into consideration before deciding on the settlement.

Property settlements can get quite complex and difficult to comprehend at times. To get the full and fair division, seek expert legal advice. We are here to assist you with all the queries related to property settlement and to ensure you get a fair share of the property pool.

PROPERTY SETTLEMENTS

Spousal Maintenance

Spousal maintenance is monetary assistance given by a financially stronger spouse to the other after separation. It could be a regular payment or a one-time bulk payment. There could be various reasons why one spouse is unable to earn more and support their financial needs. Being too old, a physical or mental inability that hinders employment, care of a child under 18 years, and the absence of financial resources could be some reasons to substantiate the need for spousal maintenance. It is necessary to show that one party is in genuine need of spousal maintenance and the other party has the resources and capacity to pay for the spousal maintenance.


There are a few limitations to spousal maintenance. The right to regular spousal maintenance ends if the person receiving maintenance remarries or enters a de facto relationship, unless in special circumstances, the person paying the maintenance dies, there are significant changes to child caring responsibility, or changes to the earning capacity of either party.


Please note that you must apply for spousal maintenance within 12 months of the date of divorce and within two years of the date the de facto relationship ended. Our experienced lawyers in Applecross and Bunbury, can help you get the best outcome when it comes to spousal maintenance or financial settlement. 


SPOUSAL MAINTENANCE

Will & Estate Post-separation

Have you updated your Will after divorce or separation? At Peter J Griffin & Co, we provide comprehensive legal support, including areas often related to Family Law cases.


If you haven’t revised your will post-separation, and in an unfortunate event of you passing away, your property and assets can unintentionally be transferred to your ex-partner or spouse. We strongly advise you to revisit your Will and life insurance beneficiaries upon separation or divorce.


Our team can help you with –



WILLS & ESTATE PLANNING

The Legal Process and The Role of Mediation


The first step to resolve disputes and come to an agreement would be through mediation. This is especially the preferred option if both parties involved are willing to cooperate and reach an agreement. Cost-effective and less stressful, mediation does not involve as many procedures and filings as Court proceedings. However, any written agreement through mediation is not legally binding unless and until it is included in a binding financial agreement or an application for Consent Orders made by the Family Court in Western Australia. Learn more about property settlement and mediation.


Mediation can also be effectively used alongside court proceedings for quicker negotiations and results. If, after attending a family law mediation or dispute resolution, either or both parties are unable to resolve the issue, an application for court proceedings can be sought, including parenting orders and financial orders.


Once you file your application, the court will set a date for a hearing. In cases where there is a threat or danger to either of the parties or child abuse is involved, the case can be heard on priority at an earlier date. The Family Court in Western Australia does not need the consent of the other party to proceed with divorce filings. 

Time Limits

It is important to proceed with the application filings for various legal proceedings within the time frames applicable as it will get more difficult and costly too if you want to commence proceedings in the Family Court after the time limit expires.


Before you apply for a divorce, you must have been separated for at least 12 months. If children below the age of 18 years are involved, you will have to show that proper arrangements have been made for the upbringing of the children. Same-sex couples have the same legal rights as heterosexual couples. With no-fault divorce, couples whose relationship has broken beyond reconciliation can file for divorce.


To apply for property settlement, the time limit is 12 months after divorce takes effect for married parties and within 2 years after ending their relationship for de facto parties. Any de facto relationship lasting less than two years may not be considered by the court.

Why Choose Us

Regardless of the complexity of your legal case, we provide the same degree of expertise as top-tier law firms in Perth and Bunbury. Have a Family Law matter and are based in Perth? We are on your side and we will look after your rights. 

Empathetic & Compassionate

We take time to listen and understand your situation at every stage be it the initial consultation or during the court proceedings.

Experience & Expertise

45+ years of experience and wide range of expertise under the same hood.

Transparency & Confidentiality

From providing legal advice and negotiating your claims to reaching a settlement and representing on your behalf in Court, we strive to communicate openly and clearly, without using legal jargon.

We assist clients in Perth - 


Applecross, Winthrop, Booragoon, South Perth, Como, Waterford, Brentwood, Ardross, Bicton, Fremantle, Myaree, Kardinya, Murdoch, Bunbury, Busselton, Eaton, Australind.

OUR DIVORCE & SETTLEMENT SERVICES

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.

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