Our Services
Property Settlement & Maintenance
During most relationships, couples combine their income, assets, and financial resources to build security for themselves and their family. When a separation occurs, these shared finances must be divided in a way that is “just and equitable” or in other words “fair”.
Steps to the peace
After separation, disputes often arise about how property, superannuation, and other assets should be divided. In some cases, former partners are able to reach agreement without the need for Family Court proceedings. Where agreement is possible, our family lawyers can advise you on the most appropriate and cost-effective way to formalise your property settlement. This may include making an application for consent orders to the Family Court.
No matter where you are in the property or financial settlement process, our Perth family lawyers are here to provide clear advice and practical support to help you achieve a fair outcome.
Maintenance is ongoing financial support, paid by one party to a marriage or de facto relationship (including same sex couples) to the other. It is payable when one party is unable to adequately support themselves, and the other party has the financial capacity to pay after meeting their own reasonable living expenses. Maintenance and child support are not the same. Maintenance may be payable in addition to child support.
Consent Orders
Agreements can be reached outside of the court system through informal negotiations, mediation, or arbitration, or even through correspondence. It’s important to note that a written property settlement agreement is not legally binding unless it is formalised through a Form 11 Application for Consent Orders to the Family Court (or a Binding Financial Agreement).
Property/Financial Orders
If you are unable to reach agreement with your former partner, our family lawyers will represent you in Family Court proceedings in order to secure your legal rights and entitlements.
The Family Court has a wide discretion when making Property Orders relating to the division of property and finances between parties to a marriage, or a de facto relationship (including same-sex couples). There is no presumption that property and finances are to be divided equally, or in any other way.
The Family Court will follow a four-step process before deciding what Property Orders it should make:
- Identify the assets and liabilities of the parties.
- Assess the financial and non-financial contributions of the parties towards the acquisition, conservation and improvement of the assets, including contributions as homemaker or parent.
- Consider each party’s present and future circumstances to include age, state of health, income, property and financial resources, earning capacity, and whether a party has the care of a child under the age of 18, before deciding whether there should be an adjustment of each party’s contribution-based entitlements.
- Determine whether the proposed orders are just and equitable having regard to the particular assets which each party will retain.
Our Perth family lawyers can represent you at any stage of Family Court proceedings. Whether you need assistance commencing or responding to an application, or you are already involved in ongoing proceedings, Davies & Co Lawyers provides clear, strategic advice and strong representation to help you achieve the best possible outcome in accordance with your legal rights and entitlements.
Spousal & De Facto Maintenance
Maintenance is ongoing financial support, paid by one party to a marriage or de facto relationship (including same sex couples) to the other. It is payable when one party is unable to adequately support themselves, and the other party has the financial capacity to pay after meeting their own reasonable living expenses.
If an agreement can be reached without the need for Family Court proceedings, that agreement can be formalised by making an application for Consent Orders to the Family Court (or through a Binding Financial Agreement.
If an agreement cannot be reached, our Perth family lawyers will make or respond to an application for spousal or de facto maintenance on your behalf.
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