Family Law

Lynn & Brown Lawyers - Family Lawyers in Perth

Our Perth based family lawyers know that divorce and separation can be some of the most stressful times of your life and we are able to guide you to make the right decisions for you and your family.

It is unfortunate that 43 per cent of marriages end in breakdown and the rate for de facto relationship breakdowns is even higher. The team at Lynn & Brown have a proven track record in helping clients to resolve their family law issues to their satisfaction. We are experienced in divorce application, arrangements for children, de facto relationships, family violence restraining orders, property matters and same-sex relationships.

Our family lawyers in Perth will help you with the questions you will have and are able to advise and represent you through this process to help you understand:

What you are entitled to?
How to apply for a divorce?
How long will the process will take?
What will happen to the children?
What are your rights?
What is a no-fault divorce?
What happens if you have been married less than two years?
How will your property be divided?

Get started online today with Perth’s expert family lawyers

Our secure online platform is an easy way to get started on your Family Law matter with Lynn & Brown Lawyers. Answer a few simple questions to generate a personalised family law pathway that will help you prepare for a productive discussion with one of our expert family lawyers in Perth.

How We Can Help You

Explain the full legal process to you in easy to understand terms
Discuss your options to resolve a potential dispute in or out of Court
Assist you in obtaining a divorce
Offer you the appropriate advice as to your rights
Endeavour to achieve the best outcome for you
Resolve the division of your assets
Assist you to determine appropriate living and care arrangements for your children

Read more about Family Law:

Family Law Services

Children & Parenting Arrangements

Often separating couples want to put arrangements in place for when each party has the children stay with them.

Divorce Application

A divorce is the legal termination of a marriage. Obtaining a divorce order from the Family Court means that your marriage has ended and you are free to remarry should you wish to.

Property Settlement

Following a separation, married and de facto often have assets that need to be divided between them.

Family Violence Restraining Order (FVRO)

The Western Australian Parliament has introduced a new type of restraining order in Western Australia, being a “Family Violence Restraining Order” (“FVRO”).

Binding Financial Agreement (BFA)

A Binding Financial Agreement (“BFA”) is also sometimes known as a pre-nuptial agreement.

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Testimonials

Jacqui Brown delivered promptly, professionally and with the heart of lioness. She effectively concluded the best outcome for me with expedience ending great grief for me in a very deceptive marriage. My deepest gratitude.

- Suzie

Cherry’s Catering has been involved with Lynn & Brown Lawyers and their team for over 10 years! I always find them and their service to be of the highest quality. I would highly recommend their services to anyone looking for a law firm. Deb – Director, Cherry’s Catering

- Deb

I was recommended to see Kate Hesford and found her very approachable and friendly. She answered all my questions thoroughly and professionally. Everything was prepared in a timely fashion and there were never any doubts in my mind about the process. Thank you Kate!

- Magdalena

I am happy with the work I have to say, and also in a few matters they have given me info which saved me time money and stress. I will be using their expertise again in the future for sure. Thank you :) Simon

- SimonSays

Lynn & Brown Lawyers is a family business that has a fixed price fee structure and operates under great vision and values.

- Nigel

I can highly recommend Lyn & Brown Lawyers. They delivered the outcome as promised on time and on budget. Very easy to deal with.

- Anita

Frequently Asked Questions

Am I entitled to 50:50?

The division of assets in the relationship isn't automatically a 50:50 split. Instead, it's based on each party's contributions to acquiring assets and caring for the family, as well as considering the future needs of both parties. This process is known as property division or property settlement.

Can I arrange a property settlement before divorcing my partner?

Obtaining a divorce and obtaining a property settlement are separate legal matters, independent of each other. While one doesn't necessarily require the other, they often coincide in the process of ending a marriage. Couples can negotiate and reach a property settlement agreement before finalizing their divorce, however, if parties divorce, the time starts ticking down to reach a property settlement – the limitation is 12 months for the date of the divorce.

Can I relocate with my Child?

In family law, when a parent considers moving with their child far away from their usual residence, the matter is termed a 'relocation case'. Typically, if a parent plans to relocate with their child, the other parent must either agree to the move or the parent who wants the move should seek permission from the Family Court. This requirement is based on the understanding that relocating with a child can significantly impact their ability to maintain meaningful relationships with both parents and other significant individuals, such as grandparents.

How can I get financial support from my ex? (Child support & spousal maintenance)

Child support and spousal maintenance both share the overarching aim of providing financial assistance to a former partner. Child support typically involves one party providing financial assistance to the other to assist in supporting a child or children from the relationship post-separation. On the other hand, spousal maintenance may be assessed for one party to provide financial support to the other if the latter cannot meet their own financial requirements after separation, regardless of whether they have children.

How long do I have to wait to get a divorce?

A period of 12 months of separation is required before you can apply for a divorce. Separation is defined as one party communicating to the other that the relationship has ended, followed by actions consistent with that communication. It's important to note that physical separation is not necessary, nor does it automatically terminate the marital relationship, but it can be indicative of a separation.

I’m in a DV relationship, what should I do?

If you find yourself a victim of family violence, reach out to a trusted individual, whether it be a friend, family member, or counsellor, who can provide support and help you navigate your options. Family violence extends beyond physical harm; it encompasses any threatening, coercive, dominating, or abusive behaviour within a family, domestic, or intimate relationship, or former intimate relationship, that induces fear in the victim. If there is immediate danger remove yourself from the situation or call 000 for help. For those experiencing domestic violence, seeking assistance promptly is vital. Securing safe housing often takes precedence for many in this situation. Take proactive steps to ensure your safety by contacting the police and arranging for ongoing legal protection, such as obtaining a Family Violence Restraining Order (FVRO). For more information, speak to one of our Family Lawyers.

If I leave the house, do I need to keep paying the mortgage?

Typically, when a couple buys a home together, both of their names are included as borrowers on the mortgage documents. Consequently, both parties share the responsibility of making the mortgage payments. Even in the event of a separation or divorce, this obligation remains unchanged. Even if one person moves out, as long as they are listed as a borrower, they are still accountable for meeting the payments, and a failure to do so may result in an adverse credit rating or the bank taking proceedings. Of course, other arrangements can be made as well, and lawyers are well placed to assist with negotiating other arrangements.

What can I do to protect my assets? (BFAs)

The most effective means of safeguarding both parties' assets in case of a future divorce or separation is through a Binding Financial Agreement (BFA). By outlining the terms of asset division, a BFA minimizes unnecessary conflict, expedites the separation process, and consequently reduces legal expenses. What makes a BFA particularly advantageous is that both parties can craft their own agreement tailored to their specific requirements, rather than relying on the court. In order for a BFA to be binding, both parties need to have it signed by an independent lawyer.

Fact Sheets

Lynn & Brown Lawyers - Family Lawyers in Perth

Get started online today with Perth’s expert family lawyers

How We Can Help You

Family Law Services

Our Expert Team

Director

Senior Associate

Team Leader – Family Law

Lawyer

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Testimonials

- Suzie

- Deb

- Magdalena

- SimonSays

- Nigel

- Anita

Related Articles

Frequently Asked Questions

Fact Sheets

Restraining Orders

Divorce Law – What do I Need to Know?

De Facto Property Claims

Collaborative Law (Family Law)

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