BFA & Property Settlement Lawyers in Perth
Separation is a difficult time for anybody, whether you were married or not. One of the most challenging aspects of a separation is understanding how to divide your property and finances, and what your legal entitlements are.
.Our lawyers can help by providing legal advice regardless of your marital situation. Whether you were married or in a de facto relationship, we can:
- Inform you of your options for financial matters based on your circumstances (ensuring a just and equitable outcome).
- Inform you of the legal processes involved.
- Assist with Binding Financial Agreements (BFAs) (Note: A Binding Financial Agreement is sometimes referred to as a Pre Nuptial Agreement, or a ‘pre nup‘).
- Assist with Pre Action Procedure Negotiations. These include dispute resolution, compliance with duty of disclosure and providing correspondence with the other party on your behalf.
- Assist with applying for property and financial orders (including Form 11 Application for Consent Orders / Minute of Consent Orders).
- Assist with Superannuation Splitting / Procedural Fairness.
- Assist with applying for Spousal Maintenance / Spousal Support / De Facto Maintenance (sometimes referred to as Alimony) or matters involving a previous relationship.
- Assist with matters where financial abuse, and coercive control are present.
- Drafting of initiating documents and attendance at all Court events where agreement cannot be reached and the intervention of the Family Court is required (Directions Hearing, Conciliation Conference, Monitoring Hearing, Readiness Hearing, Callover Hearing, Subpoena Hearing, Pre-Trial Conference, Trial).
How can our lawyers assist?
The dissolution of a relationship can be hard on all parties involved, particularly the children. Our property settlement lawyers can help you efficiently resolve your property disputes/matters. Contact Us for your 1 hour free consultation.
Property Matters Services
Pre-action procedure negotiation/Negotiate agreement for consent orders
Drafting form 11 application for consent order
Preparation, disclosure, correspondence, advice, review all material & representation at a Conciliation Conference
Pay after property settlement
At Genuine Legal WA, we believe that our clients should receive the best possible outcomes available and not be forced to sacrifice their rights to a fair settlement because they cannot provide the means to engage appropriate legal representation.
We may be able to offer you a «Deferred fee» arrangement
What that means is that once you engage us, you will only have to pay your fees after your settlement is concluded.
Frequently Asked Questions
Why is the initial consultation free of charge?
This is one of our firm’s core values. We do not charge and will never start charging for our initial consultations. We believe that everyone has the right to affordable legal advice. Hence, you do not ever have to pay for your consultation, even if you choose to take on our services.
Do I need to pay if my initial consultation has taken more than 1 hour?
No. We do not put a limit on the length of your consultation. All initial consultations are no obligation and absolutely free of charge.
Do I need to book a consultation or can just walk in?
To guarantee your spot, we advise to book in advance. However, we do have a number of walk-in locations: Victoria Park Office WA, Parramatta Office NSW, Brisbane City Office QLD, Caboolture Office QLD.
Can you tell me in advance how much my matter will cost me?
Yes, we will provide you with a fixed fee quote. Usually, it is possible to provide you with our fixed fee quote after attending a 1-hour free consultation. For complex litigation matters, we will be able to give you a fixed fee quote for a particular stage of your case.
Why do you charge 3 - 10 times less than other law firms?
- The first reason is that we are a national law firm. We can offer very low fixed fees because we have a significant volume of matters.
- Secondly, we do not charge for communication with our clients and correspondence with other parties and courts. All charges are included in the fixed fee.
- Most importantly, we do not complete unnecessary work/documentation. We work in a very efficient results-orientated manner, and do not charge for unnecessary steps (common in most practises).
You are a low-cost firm, does it mean that I will get lower quality representation?
No, it absolutely does not. Our unique business model allows us to charge less; however, the lower price does not reflect the competency of our professionals. Our Directors, Associates, Senior Solicitors, Solicitors and Paralegals are fully experienced in Family Law matters and often deal with very complex cases. We guarantee top quality work.
Do you do Legal Aid work?
No, we do not work on Legal Aid grants. However, we often assist clients who are not eligible for Legal Aid.
Do you charge for emails, phone calls, meetings?
No. All correspondence and communication with our clients is included in the fixed fee.
Am I eligible for a Payment Plan?
Yes, everyone is eligible for a Payment Plan. We neither have a selection criteria, nor do we charge an interest rate with the plan.
Can I choose a traditional hourly rate?
Yes. You can choose traditional hourly rates (optional). We made it low and straightforward, at just $270 per hour (including GST), which is significantly less than other law firms in Australia. However, most matters are handled on a fixed fee basis as it is more cost effective for clients. Our clients prefer a fixed fee.
What if I cannot afford to pay legal fees upfront?
We do not ask our clients to pay large amounts upfront. We offer clear payment plans. We can commence work on your matter without an initial deposit if you cannot afford one.
Do you charge for your travel and accommodation expenses in case my Court hearing is in a remote location or where you do not have a permanent office?
No, on 1 February 2020 we stopped charging clients for travel & accommodation. These expenses are on us. You pay for actual legal services and representation only.
How can I apply for Divorce if we separated, but continued living in the same home for 12 months prior to applying for divorce?
The general rule is that you must be separated for 12 months before filing an application for Divorce. This is known as ‘separation under the one roof’. In this case, you need to prove to the Court that you were separated during this time.
- Sole application: This can be done by filing an affidavit yourself and an affidavit by an independent person (family member, friend or neighbour etc).
- Joint application: If you are applying together with your spouse, you must each file a separate affidavit. If only one of you is able to file an affidavit, then you should also file an affidavit by an independent person.
In your affidavit, you need to prove that there has been a change in the relationship, gradual or sudden, demonstrating that you and your spouse have separated under one roof.
