joint custody

Divorce and Separation

Marriage breakdown is hard enough to deal with emotionally and practically, without having to deal with the legal process. Couples still on amicable terms are sometimes able to manage separation with little or no involvement from divorce lawyers. Others avoid contacting a lawyer because they don’t know where to start or they fear legal costs.

Leach Legal offers a free, 15 minute telephone conversation on (08) 9486 9733 to help get you on the right track.

Whatever your circumstances, it is important to know the key facts that apply to all couples to ensure that marriage, separation and the divorce process is official.

  1. Divorce is a different legal process to dealing with the division of financial assets, child care arrangements, spousal maintenance and so on.
  1. The first step in getting a divorce is to separate. A couple must have been separated for 12 months before a divorce application form can be submitted by one or both parties. A couple may be considered to have separated, even if they live in the same house, so long as they satisfy a number of requirements (such as separate sleeping arrangements). After the divorce application form is submitted, a hearing date will be set and, if your application is successful, you will be granted a divorce order.
  1. Property settlement, child care arrangements and spousal or defacto partner maintenance may be dealt with by filing an Application for Consent Orders at the Family Court. Alternatively a Financial Agreement may be used, but this applies only to financial matters (i.e. not children). As there is no Court oversight of Financial Agreements, both parties must receive independent legal advice. Consent Orders or a Financial Agreement enables you and your ex to move on with your lives, whilst waiting for the divorce process to be finalised.
  1. If you have been married for less than two years, you will have to attend counselling to discuss the possibility of reconciliation, before you can apply for divorce.

Typical questions you may have:

  • Should my priority be to agree on financial assets and/or child care arrangements or to apply for a divorce? Which should I apply for first?
  • Would it be better to apply for a divorce on my own or jointly with my ex-partner/spouse?
  • Do I have the grounds to oppose a divorce application?
  • Do I need to write a new Will, and if so, when should it come into effect?

Our team of experienced, professional, Perth Family Lawyers are here to help with your divorce. Phone us for a free, phone consultation on (08) 9486 9733, today.

 

“I wish I had come in two years ago when we separated.  I went to two other lawyers but I learnt more today than I did in two years.”

Ms J, Wembley Downs


“My divorce was the biggest mental challenge of my life. I want to thank you and all those that assisted for your patience, guidance and perseverance.”

“I just wanted to say thank you for your polite, professional and easy to understand invoicing process. It made a tough “situation” a little bit bearable.”

DM


What Leach Legal provided was really good and they were very understanding of the unpleasantness that can come with divorce. Seeing other lawyers you are just a number, however with Catherine, she takes it as a personal thing, you are not just a client but someone who needed to be heard.”

Mrs G, Nedlands.


“I have been very satisfied with the service. Everything has been explained. My lawyer has always been very solid. I feel very comfortable with the advice and she goes beyond what is expected and yet she is very realistic and sensible. The support staff have been very professional and courteous. The accounts are clear and easy to follow.

I have many dealings with other lawyers and legal firms. I have never had a service like that which has been provided by Leach Legal. It is truly outstanding. I have never encountered another law firm that has employed a client relationship manager.

I really appreciate the service and support. I would 100% recommend Leach Legal to anyone else.

I now understand why Leach Legal was recommended to me. It is very difficult time and it really helps to have the support. I work in the service industry myself and so am particularly aware of good and bad service.”

WH


All staff, from my lawyers to office administration, were always very helpful, professional and understanding during this difficult process. I would highly recommend Leach Legal. During this period of sometimes extreme stress all staff treated me with respect and recognition and not just another client on the phone. It was very helpful and reassuring. I greatly appreciate it.”

Mrs R,  Innaloo

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