Wills & Estates and Family Law Frequently Asked Questions, Rockingham & Jurien Bay, Western AustraliaStraight answers to the questions we hear most.
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Divorce & Separation
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No, you can do it yourself. You'll need to complete the divorce documents, arrange a process server to serve them on your ex, and file everything through the Federal Circuit Court's eCourts portal.
That said, it can be time consuming if you're not familiar with the forms, the process, or what to do if you can't locate the other party. There are also timing considerations worth thinking through before you file — particularly if you have property to divide. Michelle strongly recommends finalising property settlement before applying for divorce.
If you'd rather hand it over, Saltwater Legal handles the whole process for $1,350 plus the court filing fee of approximately $1,100. -
Separation means the relationship is over, you're no longer together, no longer sharing finances, no longer living as a couple. You can be separated and still legally married.
Divorce is the formal legal ending of the marriage. It is not the same as dividing your property.
Here's why this matters: if Tom and Mary separate in 2020 but don't do their property settlement, and Tom wins $1 million in the lottery in 2026, Mary can still make a claim on those winnings. Everything stays on the table until property settlement is finalised. The sooner it's done, the better. -
It takes as long as both parties take to reach an agreement. If everything is amicable and both sides are cooperative, it can be resolved in a matter of months. If it goes to trial, worst case, there is currently a four year wait in the Family Court. Another good reason to sort it early.
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There are options. Michelle can walk you through the process of serving divorce papers when the other party's location is unknown.
Wills & Estates
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You can, but there's a reason most people who do end up needing a lawyer anyway. DIY kits don't know your situation. They won't flag that your superannuation needs a separate nomination, or that your blended family creates complications a generic template can't account for. A poorly drafted will is far more likely to be contested, which means your assets could end up with someone you never intended. A properly prepared will starts from $550. The peace of mind is worth it.
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Your super doesn't automatically form part of your estate which surprises a lot of people. It's held in trust by your super fund, and who receives it depends on whether you've completed a Binding Death Benefit Nomination. Without one, your super fund trustee decides who gets it, and they're not obligated to follow your will. Getting this sorted is a conversation Michelle has with every wills client, and it's one of the most important ones.
Working with Saltwater Legal
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At Saltwater Legal, every service is charged at a fixed fee, so you know the cost before you commit to anything. There are no hourly rates and no bills you weren't expecting. Full payment is required within 7 days of your invoice being issued. Download the pricing guide for a full breakdown of fees, or book a consultation and Michelle will talk you through the costs for your specific situation.
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Everything can be handled by video if that suits you. Michelle offers video consultations for all services, so if getting to an office isn't convenient, it doesn't have to be. For wills and estates, you will need to attend in person to sign your documents, but everything before and after that can be done remotely.
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Absolutely. Michelle has been providing legal services in Jurien Bay fortnightly for three years and is in the community every Monday. For clients in surrounding regional towns — Greenhead, Leeman, Cervantes, Moora, Dongara, Geraldton and beyond — video consultations are available any day of the week. You shouldn't have to drive hours to access a good lawyer. That's the whole point.
ONE LAWYER, START TO FINISH
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ONE WHO ACTUALLY PICKS UP THE PHONE
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SALTWATER LEGAL
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PLAIN ENGLISH
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PROPER LAW
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ONE LAWYER, START TO FINISH • ONE WHO ACTUALLY PICKS UP THE PHONE • SALTWATER LEGAL • PLAIN ENGLISH • PROPER LAW •
The hardest part is making the first move.
Whether you're dealing with a separation, planning your estate, or just not sure where to start, Michelle's here. It’s one lawyer, your matter, done properly.