Valuations in the Family Court

By Damien Bowen | 30 January 2017

In cases in the Family Court involving property, one of the first things your lawyer will ask you is to help draw up a list of assets and liabilities. You are likely to be handed, and asked to help fill out, a document which lists assets and liabilities under various headings such as: real estate; […]

Everything is in!

By Chantelle McGarvie | 23 January 2017

People are often confused about what assets and liabilities are taken into account by the Family Court when it comes to working out a property settlement following the breakdown of a marriage or de facto relationship.  It is common for parties to hold assets in the names of other entities, and assume that those assets […]

Think before you text, tweet, snap or update your status

By Nicola Watts | 23 January 2017

In the last month the media have reported that divorce lawyers could “soon” gain access to the web, phone and email use of every person in Australia.  Privacy advocates and others have criticised the possible move to change data retention laws as intrusive. Under the Telecommunications (Interception and Access) Act 1979 Australian phone and internet […]

What do I do when the law firms are closed?

By Catherine Leach | 29 November 2016

Christmas and the New Year period are often times of great stress, and often that stress becomes too much and people decide to end their relationships. But what can you do when the law firms are closed over the Christmas/New Year period? If your matter is urgent, the following institutions are available: The Family Court, […]

Can I help you achieve a family law property settlement?

By Linda Tudori | 08 November 2016

Yes, I can and the best way for that to occur is by working together. So, to quote Jerry Maguire: “help me help you!” To do this, you need to understand how you can help me provide you with the best advice possible. Now before you ‘turn-off’ and say to yourself: “This isn’t what I […]

Penny Wise Pound Foolish

By Katie Buck | 01 November 2016

Transferring Property without Legal Advice When couples mutually decide to separate, they also often try to divide their assets and liabilities without seeking legal advice regarding their future vulnerabilities such as the tax implications resulting from their financial settlement. In the end, failing to obtain legal advice can be an extremely costly exercise particularly if […]

What are your plans this Christmas?

By Kylie Truscott | 31 October 2016

With just under 2 months until we deck the halls with holly and wait for the big guy in the red suit to squeeze down the chimney, now is the time to consider the arrangements for your children over the Christmas period. If you and your former partner cannot agree on arrangements for this Christmas, […]

Stress and separation

By Kimberley Morrison | 17 October 2016

When I was a law student, I learned a valuable lesson in stress management. I had a large assignment which I had helpfully left until the last minute. Burning some midnight oil, I was tidying up my footnotes when my monitor froze, and then went black. A reboot proved that all of my work had […]

Lawyers and legal costs

By Damien Bowen | 06 October 2016

I would be a rich man if I had a dollar for every person who has said to me… “We want to settle this without lawyers”. I have been a family lawyer for nearly 40 years. In approximately half the cases I have dealt with in that time we were able to negotiate a settlement […]

But we should share our children equally!

By Anastasia Christou | 05 September 2016

Separated or not, making decisions which affect your children can be a daunting experience. For separated parents, the Family Law Act 1975 and Family Court Act 1997 (WA) effectively provide that separated parents are equally responsible for making the major long-term decisions about their children’s lives, unless one parent can prove that the presumption of […]