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When it comes to the difficult question of divorce, most people don’t know where to start or how the process works. Here we take a look at the divorce process and some of the issues you need to consider. When to divorce? This is a personal decision, driven by your own requirements and situation. The …
There’s no doubt that family breakups are very high on the list of the most stressful and painful experiences any family has to confront. Family law is a specialised and highly complex area of the law so it’s vital to make sure you are supported by an experienced specialist family lawyer. One of the first …
Going through a divorce is tough, even when both spouses agree to end the marriage. However it is not unheard of for one partner to disagree or try to avoid signing paperwork that makes the divorce official. Given that 48.8% of divorces in Western Australia involve children, it is important for a divorcing couple to …
Family law is a highly specialised field of legal practice most commonly dealing with divorce, separation and child custody cases. A skilled specialist family lawyer is also equipped to handle financial agreements, adoption, domestic violence, property settlements and more. Your lawyer should not only represent you with the utmost professionalism, but also be a confidant …
At Leach Legal we take a firm stance that all forms of domestic violence are unacceptable. Our Perth family law firm is dedicated to helping domestic abuse survivors navigate the often-intimidating Court system after separating from an abusive partner. We act for both men and women who have experienced domestic abuse. An experienced domestic violence …
Separation proceedings are complicated, often with a lot of emotion weighing into agreements about asset division and financial transactions. As divorce lawyers in Perth we see every day how emotion can interfere with practical financial solutions. It is therefore our job to be in your corner fighting for what is fair and reasonable. Otherwise divorce …
When a relationship breaks down there are a lot of loose ends. There’s living arrangements, child support and parenting arrangements, and of course the division of property and assets. Property and financial settlement lawyers in Perth can help separating couples negotiate the muddy waters of “who gets what”. Even the friendliest separations require a proper …
Going through a divorce or separation? Here is how a child custody lawyer in Perth can help you. We know it can be difficult for ex-partners to find common ground when it comes to major decisions. Your child’s best interests should be your top priority. Leach Legal are here to help, providing advice and support …
In December 2017, Australia became the 26th country to legalise same-sex nuptials with an amendment to the Marriage Act 1961 that redefined marriage as non-gender specific. Since then, same-sex couples have been recognised as married under the Family Law Act 1975. This includes “pre-commencement” couples married overseas before the legislation changed. In the short time …
Separations are emotionally and physically draining at the best of times. When children are involved things can get more complicated; not only do you need to look out for yourself during the difficult transition but also your child. Both before and after separation it is important to be mindful of how the separation is affecting …
As Perth family lawyers, we often get asked about who gets the kids on Father’s Day and Mother’s Day. With Father’s Day just around the corner again, now is a good time to start thinking about care arrangements that give your children the chance to share the day with Dad. There is no universal rule …
Nobody goes into marriage – or business – expecting it to end badly. However, if the Family Court determines your ex-partner had a material impact on growing your business you could be facing a large payout or worse. Divorce can have damaging effects for small business owners, especially if the separation comes unexpectedly some years …
International travel can be a source of stress for separated families if one party does not consent to the trip. Even if your separation is amicable it is important you are prepared as a single parent travelling with your child. Getting a passport If your child does not currently have a passport both parents will …
There are no universal rules for dividing assets after separation. In Australia the family law system is discretionary meaning despite what you may have read or heard it is not as simple as dividing property and financial assets 50/50. Property settlements aim to reflect what is fair for both parties. Reaching an agreement without the …
Separation is not fun. Life as you know it may no longer exist, and your world can be turned upside down in an instant. Everything that was certain and stable suddenly looks quite different. Calm heads and logic are sometimes overtaken by emotions which can make a difficult process even longer and more arduous. The …
Amendments to the Child Support Act (Assessment) 1989 came into effect on 1 July 2018. The amendments apply retrospectively, so affect both new Child Support Agreement and those entered into before the amendments came into effect. If you currently have a legally binding Child Support Agreement with your ex-partner, the amendments may have a major …
During a separation, it can be very easy to get wrapped up in negativity where the care of your child is concerned. These feelings during a child custody dispute are only natural. We can often become overly-emotional and forget how much the separation affects our child. It’s therefore imperative to provide children with the opportunity …
During your first meeting with your lawyer, it’s important that you walk away feeling confident and at ease with the process. Your lawyer is there to help you navigate through this difficult time, and the expert team at Leach Legal have put together several tips to help you get the most out of your initial …
Divorce rates in Perth are declining, and there are a number of factors involved. Society is ever-changing, and while approximately one third of marriages end in divorce, there are contributing factors as to why the remaining two thirds of married couples go the distance. To begin with, less people are getting married and, in particular, …
Mediation is a trusted and proven process. For many, it can be a quick and cost-effective way to resolve your dispute. Being prepared for the joint session is key. There are no guarantees you will achieve the outcome you desire but if you approach it correctly, there is more chance that the outcome will be …
Separation can be a difficult time. There can be many things you need to deal with which can be overwhelming. Privacy and security are issues that you should address as soon as possible. These issues are extremely important in matters involving family violence because the risk of violence is elevated during this time. Here are …
For many couples who are facing divorce, securing two separate homes might not always be financially possible – at least straight away. In these cases, the separating spouses must navigate this new living arrangement while no longer being in a relationship. Following the divorce process, family lawyers are aware that this difficult and emotionally draining …
The fly-in, fly-out (FIFO) lifestyle certainly has its challenges, but the old opinion that FIFO families are more likely to face separation and divorce just isn’t true. Studies conducted focusing on the impact of this type of working life have found that married couples that have one spouse working away as a FIFO worker are …
The smell of hot cross buns, the wonderful arrays of colourful Easter eggs, the blissful encounters with the fluffy Easter Bunny, and the excitement of Easter egg hunts are some of your children’s favourite things over the Easter break. It is a holiday that the children usually love and look forward to every year. Nonetheless, …
Many people separate and in the interests of remaining amicable work out some temporary arrangements and then wait and see what happens. Neither party get legal advice and they do what they think is sensible and practical and usually what works best for their family. “I don’t need legal advice, we can work through this …
So, you’ve made the difficult decision to split up. Whether you are ending a marriage or a de-facto relationship, breaking up is never easy and there is much to be sorted out. Every situation is different and you’ll want to get a good divorce lawyer or de-facto relationship lawyer in Perth to guide you through …
Maintaining a school routine is difficult at the best of times for happily married or cohabiting couples. Throw a messy divorce, particularly one that has happened over the holidays, into the mix and it can be a recipe for disaster. Emotions are high and everyone is on edge, and the smallest thing can often kick …
Most people regard their pets as members of their family and love them unconditionally. Many people assume that if they separated from their spouse and there was a disagreement about who keeps the family pet, the Family Court of Western Australia would impose “custody” arrangements as they do for children’s matters. In making decisions about …
So, you are currently a party in proceedings before the Family Court of Western Australia. The process has been very emotional and stressful and your relationship with your former partner is very strained. You are doing your best to ensure the best for your children, but you have some real concerns about the behaviour of …
There are many do-it-yourself kits available that can assist you to prepare your own Will. This may sound like the perfect solution to what you consider to be a very simple matter. However, preparing your own Will can be risky business as you may not include all important matters within your Will and you may …
There are a lot of incorrect assumptions when it comes to divorce and separation. One common misconception is that once you separate in order to finalise a property settlement you must go to court, this is entirely incorrect. It is only one method of dispute resolution but there are many others that are known as …
How do you make sure that you, your ex and your children still have an enjoyable and harmonious time over Christmas? Perhaps you don’t want to go through a Perth Child Custody Law Firm. When you are planning your Christmas, just remember that everything looks better in the D.A.W.N light: D – istract yourself with …
We know that divorce affects children. What we do to help children adjust plays a large role in how they cope successfully. The first step is to know how divorce affects children. Babies You may think that babies under eight months old don’t notice a difference, but they pick up on changes in your mood …
Divorce is difficult for many reasons: hurt feelings, loss, adjustments to parental roles. However, don’t underestimate the strain of dividing property – both possessions and finances. Even if you feel that you don’t have much to divide, there may be a lot that you don’t consider. All of your household possessions, any money you have …
These days there are great risks associated with technology and the internet which may not even cross your mind following separation or when initiating Family Law proceedings. Social Media The impact of online media on your privacy and security may be part of the initial discussions your lawyer has with you to warn you about …
Relationship breakdowns and divorce are never easy. It’s even more difficult if it was a surprise to you, or if your ex is moving on more quickly than you. The end of a relationship brings mixed emotions, and grief is often involved. It’s important to remember that grief requires recovery. Grieving Yes, you are grieving. …
The goal for many couples is to finalise their arrangements, efficiently and amicably. They work hard to agree on the terms of their settlement, including any child custody arrangements and want to resolve the legal paperwork as painlessly and as cost-efficiently as possible. Often they will assume that to make things smoother (and more cost-effective) …
Many parents look forward to taking their children on holidays and overseas trips to create memories to last a lifetime. But what happens if you are separated or divorced? You may find you have difficulty packing up and taking your children on holiday – especially if the situation with your ex-partner is acrimonious. At our …
De facto couples have almost all the same rights as married couples. The Family Court Act recognises the existence of a de facto relationship whether the partners are heterosexual or same-sex, or even if one or both of them are legally married to someone else. In Western Australia, de facto couples are presently unable to …
Relationship breakdowns are challenging – even more so when children are involved. No matter your personal opinion on how or why your relationship ended, keeping your children’s best interests at heart should be at the forefront of every decision you make. Don’t rush out and engage the first Family Lawyer in Perth you see. We …
Here at Leach Legal we help our clients with a range of legal matters relating to family law. We are frequently asked to explain the difference between a divorce and an annulment. Divorce and annulments are two different legal decrees spouses may seek once they have decided to end their marriage. These two legal decrees …
With almost 33% of all Australian marriages likely to end in divorce and countless more relationships falling by the way side, how do you avoid your relationship breaking down? From our extensive experience there are few key events that seem to result in a spike in divorce rates. A common trend that sparks a family …
According to a recent announcement by Attorney-General Christian Porter, the Family Court of Australia will be merged with the Federal Circuit to form the Federal Circuit and Family Court of Australia (FCFCA). This sweeping change will result in the two Courts being administered out of one Court rather than the two completely separate systems that …
Superannuation splitting in de facto relationships has been problematic in Australia’s financial and legal climate for some time. Last year, Catherine Leach, Director of Perth’s largest Family Law firm, discussed with Chanel Nine News the need for the legislation to change. Today, the bill is under review in Federal Parliament, and if this legislation passes, …
Divorce has the potential of bringing out the worst in people. How many times have you heard people say, “it was hard enough leaving, now we have to sort the finances, it’s a nightmare”? Although you may start proceedings amicably, it can sometimes quickly descend into a “he said / she said” nightmare. Our goal …
The idea of a party entering into an agreement to protect their financial wealth upon marriage is nothing new. On 19 July 1763, Captain Arthur Phillip (and later first Governor of the New South Wales) married Margaret Tybott, a wealthy widow of merchant John Denison who was 17 years his senior. Margaret insisted he sign …
Mediation can be a useful process to resolve family law disputes – even in complex and high conflict cases. At Leach Legal, we often partake in mediations and have a high success rate. The actual mediation process is not set in concrete, as the process is tailored to suit the needs of the parties. However, …
The “silly season” sees people overindulging in alcohol and festivities. Many families spend more time together within a few weeks than they do over the rest of the year which can cause a strain at the best of time. Combine this with the summer heat and financial stress of Christmas, and a fragile relationship can …
Australia has spoken and it’s a YES for same sex marriage equality! Will this make a difference in the Family Law sector and any other industries? The short answer is not really, unless you happen to work in the wedding industry of course. Most professions have been dealing with heterosexual marriages for decades now, so …
A decision on binding financial agreements from the High Court of Australia in the case Thorne v Kennedy was handed down on 8 November 2017. Concern has been expressed that this “means the end of Binding Financial Agreements – Binding Financial Agreements will no longer be enforced”. This is far from the case. Facts of …
Frequently Asked Questions On Divorce As experienced divorce lawyers, we often give our best divorce application advice when talking with our clients face-to-face. Recently we were faced with the question: ‘What are your best pieces of advice for going through a divorce?’ and we realised that often lawyers don’t give their clients all of their …
In Western Australia, a “prenup” is referred to as a Binding Financial Agreement (BFA). Many couples discuss the option of entering into a prenuptial agreement prior to getting married. One question we often get is whether the mutual benefits of entering into a prenup outweighs the risks associated if you decide to separate. Pros of …
When you apply for a divorce, you are essentially seeking to formally end your marriage in the eyes of the law. This process is separate and distinct from formalising any matters in relation to your children or property (note however that there are time limitations to consider). One question we often get is: can you …
Sometimes grandparents are stopped from having, or continuing, a relationship with their grandchildren because of a breakdown in their relationship with their own child or the child’s other parent, unfortunately if this occurs the grandparents do not have an automatic right to have a relationship with a grandchild. However, if your child and/or their partner …
Australia is still awaiting marriage equality, however same-sex couples do have many rights from a family law perspective. Same-sex relationships can be classified as “de facto relationships” if they satisfy certain criteria. Just like heterosexual de facto couples, same-sex de factos may apply to the Family Court for a property settlement. They can also seek …
When parties to a marriage or de facto relationship separate, there may be a dispute about who keeps the family pet. Whether it is Gordon the goldfish, Cuddles the cat or Fido the loyal family dog, the question is – how does the Family Court treat pets in divorce proceedings. For most separated couples, it …
Separation can be a highly emotional time. You may go through the stages of grief, and worry about what arrangements will be made for your children. Although sorting out your financial issues may not be your priority, it is important to know how long you have from a family law perspective. De Facto Couples De …
Child Support Agency The role of the Child Support Agency (CSA) is to administer a scheme which ensures that children receive adequate financial support from both parents following separation. The CSA can assist with calculating how much child support should be paid and, if necessary, facilitate the collection and transfer of child support payments. When …
A Financial Agreement is commonly known as a “prenuptial agreement”. Both de facto and married couples can enter into Financial Agreements either before they commence living together or get married, or afterwards. Financial Agreement can make provision for how the assets and financial resources of the parties will be dealt with during the relationship and …
A question a family lawyer is often asked is: what happens if my partner empties the joint account and spends the money? Does he or she have to give it back, or is it taken into account in some way? When a couple separates, emotions are often highly charged and behaviour can be unpredictable. What …
1. Not getting advice EARLY I understand that people may not want to “get lawyers involved” after separation. Honestly though, this is often a big mistake. How can you negotiate a settlement if you do not understand how the Family Law system works, or the specifics of how superannuation is treated? Most firms offer an …
In 2012 I completed my Masters of Applied Law (Family Law) through the College of Law, which enabled me to study Family Law at a much deeper level and proved to be a really useful and practical course. Recently I was privileged to be interviewed by the College of Law for their Insights section. Read …
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; …
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 …
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 …
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, …
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 …
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, …
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 …
Separating when one party is pregnant presents some interesting legal and practical issues. What are the Father’s obligations? Can you commence proceedings for parenting orders? Can you stop the pregnant woman from relocating elsewhere? Who pays the medical costs? Spousal maintenance To apply for spousal maintenance, you must first be in a position to invoke …
Getting a divorce in the Family Court of Western Australia starts with you and your husband or wife being separated for a complete 12 months before applying for a divorce order. You do not have to be physically separated, as some married couples find themselves continuing to reside together after they decide to separate for …
The media is fond of whipping up emotions about the state of marriage and divorce. Every emerging trend tends to be scrutinised as possible evidence to support often wildly contradictory arguments, for example, that “marriage has become irrelevant” or “marriage is the new cool;” that “people can’t afford to get divorced because of the economy” …
A married couple can separate at any time however, they cannot apply for a divorce until they have been separated for twelve months. This does not mean that important decisions about property, money and children are left in limbo until the couple divorces. Whether the separating couple have been married or have lived in a …
Going through a relationship breakdown is one of the most difficult things a person can go through. Aside from the emotional turmoil that inevitably accompanies a relationship breakdown, you will find that EVERYONE is a family law expert- your friends, the internet and your family often provide [well-meaning] incorrect advice. Here are some very specific …
A recent decision in the Family Court in Melbourne demonstrates the power of the Australian Family Court to make orders about people who are not living in Australia, and about property that is not in Australia. A couple had spent 15 years living together and married but have never lived in Australia. The Wife an …
Separation occurs when a marriage or relationship breaks down. The date of separation will be when either or both parties to the relationship: form an intention to separate; and act on that intention, usually by communicating to the other party that the relationship is over. Parties can be separated and still live under the same …
I recently met a man, let’s call him Ashton. Ashton asked me if Family Law had changed over the years. I told him that prior to 1975 there was “fault” divorce and that unless you could prove that someone had done the “wrong” thing, the Court would not approve the divorce. Adultery, cruelty and desertion …
1. Guardianship Prior to 2006 parents were awarded either “sole guardianship” or “joint guardianship” of their children. The law changed in 2006 and this term was abolished and became “parental responsibility”. Both terms relate to decisions about a child that are major long term issues – such as education, religious and cultural upbringing, elective surgery …
Many people I see have misconceptions regarding divorce. Often they do not know what is involved, or how divorce relates to financial matters and parenting. Obtaining a divorce can be a fairly straight forward process. This is generally the case when the application form is completed correctly, the circumstances are unambiguous, and both spouses co-operate. …
The recent case of Elford [2016] FamCAFC 45 considered how lottery ticket prize money would be treated in a property settlement. In this case: 12 months into the 10 year relationship, the Husband won over $620,000 on a lottery ticket; He had been using the same numbers each week for some 8 years before the …
The short answer is no. Going to Court is a last resort used when negotiations have been unsuccessful. Before commencing proceedings, we use a range of negotiation tools such as letters or emails, informal conferences and mediations. If you and your former partner can reach an agreement about your children and / or financial matters, …
After the breakdown of a marriage or a de facto relationship a person may find themselves in a weak financial position after the financial support once provided to them is withdrawn or decreased. This change in financial support can leave a person in a situation where they are unable to support themselves. Additional circumstances may …
Despite parties severing all ties after separation or divorce as parents they have an ongoing obligation to support their children financially until, in most cases, the child reaches 18. This obligation is governed by the Child Support (Assessment) Act, and administered by the Child Support Agency (CSA). Assessment Either parent or a non-parent carer can …
Chapter 13 of Family Law Rules 2004 deals with the duty of disclosure. Pursuant to Rule 13.01, parties in family law negotiations are obliged to make full and frank disclosure of their financial circumstances in a timely manner. The duty of disclosure is an ongoing duty. Parties must disclose all relevant documents and continue to …
Happy belated New Year from all of us at Leach Legal. We have built a fantastic team and I have spent some time over the break thinking about how I can continue to grow and improve personally and professionally. Working on the “Keep it Simple Stupid” principal, I have identified four things that I …
Separation from a partner or spouse can be a traumatic and harrowing experience. It can be even more complicated when children are involved. Here are some tips to keep in mind following a separation, that may assist your children to cope: Ensure they have appropriate support: Sometimes they will want to talk to someone who …
The Family Law Act includes provisions that children have the right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development including grandparents. The Court is required to consider when determining what is in the best interests …
“We have been together for 6 months so he/she automatically gets half.” I cannot count the amount of times that I have heard this fallacy being tossed around. As a family lawyer, few things make me cringe more! For de facto couples in Western Australia, a Court can only make an order with respect to …
If you have separated but are unable to finalise your property and financial matters with your former spouse by way of a negotiated agreement, you may wish to consider Arbitration as an alternative to the Family Court process. Arbitration is generally a much more flexible option for parties looking to avoid the rigidity of the …
The period after the breakdown of a relationship is often a time of stress and turbulence. To help you to organise your matter before you come and see us after the Christmas break, please consider the following tips. Practical stuff 1. Take copies of all relevant financial documentation, including but not limited to: 1.1. Bank …
Over the course of a marriage, or even prior to, a couple may receive funds from their respective parents, often to assist them to purchase a house. The status of these monies may come into contention pending a property settlement as the Family Court treats gifts and loans differently and the difference can have an …
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