When to divorce?

This is a personal decision, driven by your own requirements and situation. The only condition is that you must have been separated for at least 12 months. If you’ve been married for under two years, you’ll also need to show the court that you’ve considered reconciliation and undertaken counselling.

It’s vital to understand that the settlement of any property of the marriage is separate to the divorce process. Note that time limits apply – if you apply for a divorce immediately after the 12 months separation, you must deal with the property settlement within one year of the divorce. If you don’t, you’ll no longer be able to bring proceedings against the other party to deal with the property of the marriage without obtaining leave of the Family Court, which may not be granted

 The Divorce Process

The divorce process consists of two steps – the application and the hearing:

1. The Divorce Application

You must apply to the Court – individually or jointly – for a divorce order and pay the required fee. You can apply in person or online through the Commonwealth Courts Portal. A hearing will then be scheduled.

2. The Divorce Hearing

Depending on the circumstances of your specific case, you may or may not be required to attend the divorce hearing. If you’ve filed a joint application, or if there are no minor children, attendance is not required.

However, if you’ve applied individually, you must serve the documents on the other party, receive a confirmation from them, and file an affidavit of service and an affidavit proving the spouse’s signature. These requirements also apply if there are children under the age of 18, in which case you will be required to attend the hearing.,

Where an individual application is filed, the other party may file a response to request changes, to point out errors of fact, or to object to the divorce. They are still not required to attend the hearing.

At the hearing, the judge will make enquiries about the divorce application and ensure there are proper arrangements for children . The parties will then be asked to confirm they wish to proceed with the divorce and the order will be made.

There is no doubt that divorce is a complicated and frustrating process. The guidance and support of an experienced divorce and separation lawyer can help you to manage this difficult and distressing time. With over 15 years’ experience as divorce lawyers in Perth, Leach Legal is here to help.

We invite you to review the online resources on this website, such as the  First Steps Guide and the Separation Checklist, then take the first steps towards peace of mind and book a free 15 minute consultation online.

The post What is The Process of Getting a Divorce? appeared first on Leach Legal.

One of the first things you’ll need to understand is the distinction between a legal separation and a divorce. In this brief article we introduce you to just some of the important aspects of both.

Separation

Under Australian family law, separation is the act of ending a marriage or de facto relationship. Put simply, a couple is separated when they no longer live together as a couple. A separation may be initiated by one or both spouses and it is also possible to be separated under one roof, subject to certain criteria. There is no requirement to register a separation. It’s important to consult your Family Lawyer to get the right advice for your specific situation.

Separation requires no legal processes or documentation, but you may need to inform agencies such as Medicare or Centrelink.

Divorce

Divorce is the formal legal ending of a marriage and often follows on from a separation. To obtain a divorce, you must have been separated for at least 12 months to prove your marriage has ‘irretrievably broken down’. Your separation will be assessed based upon the facts of your particular situation. The question of who is at fault for the marriage breakdown is not considered under Australian family law.

Separated couples do not have to divorce, but you should consult a divorce lawyer to understand the legal implications of remaining married. It’s also important to understand that divorce is separate and distinct from property settlement and parenting arrangements after the breakdown of a marriage.

Your decision – Legal Separation or Divorce?

Which path you choose is very much a personal decision, driven by your family’s particular circumstances. Couples may elect to formalise their property settlement and parenting arrangements  but remain married in the eyes of the law.   If you do this then you are not able to remarry.The best choice for you may be influenced by a number of factors, from financial or taxation considerations, to what is happening with the family home and on to matters of religion. Your family lawyer will guide you through the pros and cons of the many factors you need to consider. With a track record of fifteen years as family lawyers supporting Perth families, Leach Legal is here to guide you through this complicated process.

The Leach Legal website includes a range of valuable resources designed to help start your thinking about the elements of the separation or divorce process, including our  Marriage, Families and Separation brochure and a First Steps Guide.

Need to know more? We’re here to help. Book a free fifteen minute consultation online

The post What is the Difference Between Legal Separation and Divorce appeared first on Leach Legal.

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 maintain civility even if their relationship is beyond repair.

So what can you do when your ex-spouse is refusing to sign divorce papers?

What the law says

Australian Law has the principle of no-fault divorce. That means the Court does not consider why the marriage ended, only that the marriage has irretrievably broken down.

Your divorce application must satisfy a few requirements:

• You have been separated for at least 12 months
• There is no reasonable chance of repairing the marriage

It is not necessary for both partners to agree on getting divorced. Divorce applications can be filed with the Court as sole or joint submissions.

Keep in mind the Court will not issue a divorce order until is satisfied your ex knows about the application.

Can a divorce application be rejected?

A Perth divorce lawyer can help sole applicants going through a divorce to serve former partners with a copy of the application after it has been filed.

If they decide to formally object, there are only two grounds for doing so:

• You have not been separated for 12 months
• The Court does not have jurisdiction to grant a divorce

What happens next?

Going through a divorce is tumultuous, but as experienced Perth divorce lawyers we’re here to help.

After your divorce application is accepted the Court will set a hearing date. Sole applicants with children from the marriage under 18 must attend this hearing in person to demonstrate proper arrangements have been made for the children.

A divorce application will not sort out the details of property, child arrangements, or finances. It’s up to you and your lawyer to work with your ex-spouse’s lawyer if you cannot reach a mutual agreement alone.

If you’re going through a challenging divorce, Leach Legal can help. Our Perth divorce lawyers have helped thousands of couples reach a fair and, wherever possible, amicable conclusion to a marriage.

Schedule a free 15-minute consultation to discuss your options with our highly experienced team.

The post What to do When Your Spouse Won’t Agree to a Divorce appeared first on Leach Legal.

If you already know you need a lawyer, or are seeking advice on whether contacting a family lawyer is the best course of action for you, we can help.

What a Perth Family Lawyer Does

In Perth, family lawyers are specialists in areas of law relating to relationships, children, families, and marriage:

• Divorce and separation
• Domestic violence
• De Facto relationships
• BFAs (prenuptial agreements)
• Child support and custody
• Adoption and surrogacy
• Wills and estates
• Preliminary advice to decide if you need a family law lawyer

You don’t have to be embroiled in a court case to need a lawyer. In fact, much of the work we do helps families and couples resolve problems before they are escalated to the Courts.

So how do you choose the right Perth family lawyer?

How to Find a Family Law Lawyer in Perth

Step 1: Recommendations

Remember, whatever you are going through at home you are not alone. Reach out to find support and recommendations for a Perth family lawyer.

Step 2: Initial meeting

Schedule consultations with a few lawyers to narrow your decision. From this first meeting you should be looking for:

• A clear understanding of the law relating to your case
• Personal advice on the best course of action
• Confidence in their knowledge and experience
• Assurance the lawyer has time and resources to dedicate to you
• An initial opinion on the likely outcomes
• Cost indications

Step 3: Engage a firm

When you’ve found the right Perth family lawyer for you, it’s time to work with them on next steps. Your lawyer will help you decide what’s best in this stage; whether to pursue legal action, try to resolve the issues, or progress to the Courts.

Leach Legal: Trusted Perth Family Lawyers

Leach Legal are the largest family law firm in Perth. We help clients navigate the complex legal frameworks of family life, and support those going through difficult periods.

Schedule a free 15-minute consultation with our highly experienced Perth family lawyers today, for tailored advice on what to do tomorrow.

The post How to Hire a Family Law Lawyer appeared first on Leach Legal.

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 and supporter during an emotionally stressful process.

If you want the highest calibre family lawyer in your corner, there are a few things to look for:

Specialised
While it can be tempting to ask a solicitor friend for help, it’s essential to seek out a specialist family lawyer with experience in matters like yours. Ask for recent examples and outcomes in similar situations, of course understanding the need for client confidentiality.

Accredited
It is essential you are represented by a family lawyer accredited by the Law Society of Western Australia. The processes, frameworks and precedents in Western Australia differ to other states in subtle, but important, ways.

Reputable
We live in a small city; word of mouth should be considered in your search for a Perth family law firm. If you are not comfortable asking friends for advice on personal issues, online reviews and client testimonials can be a good way to establish a firm’s reputation.

Personable
Family lawyers deal with sensitive and emotionally laden situations. It is important you trust your lawyer to have your best interests in mind while remaining professional and agreeable during negotiations that will affect your future.

Leach Legal: Perth’s trusted family law firm
Not all family law firms in Perth are the same. When looking for a lawyer to help you through a divorce, separation or other family law matter it pays to ask people you know for a recommendation and scrutinise a firm’s track record.

At Leach Legal, our reputation as Perth’s best specialist family law firm is built on more than 15 years’ experience helping West Aussies navigate the daunting family law process.

Schedule a free 15-minute consultation to discuss your requirements and find out how our experienced, accredited family lawyers can help.

The post Family Lawyers: Who’s Right For You? appeared first on Leach Legal.

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 lawyer can help protect you and your family by obtaining a FVRO against your ex-partner, as well as working through the steps for a legal separation.

What is a VRO?
A Family Violence Restraining Order (FVRO) prevents a person (Respondent) from communicating with, being in the presence of, living, or working with another person (the Applicant).

FVROs can be issued when:

• The Respondent has committed an act of domestic abuse or threatened to so
• Unless restrained, the Respondent is likely to continue to be abusive
• The Applicant reasonably fears they are in danger of domestic abuse

FVROs can be temporary or final. When domestic abuse occurs or is likely, a temporary FVRO can be issued by a Magistrate or Justice of the Peace without the other person present.

Final FVROs can only be ordered by a Magistrate after a hearing involving the Respondent. These orders usually last for two years and are issued based on a combination of evidence and the Court hearing.

The Perth family law firm on your side
In domestic violence cases it is important the survivor is supported and protected.

Leach Legal are Perth’s trusted family lawyers, helping victims of abuse access the appropriate legal services to live without fear.

Schedule a free and completely confidential introductory consultation with Leach Legal to learn more about your options.

The post Where to Turn After Domestic Violence appeared first on Leach Legal.

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 expenses can quickly add up, mounting added stress on an already difficult situation.

Separation as a financial transaction
At Leach Legal, we understand separation is not easy.
You already have so many things to consider; your children’s best interests, your financial future, transitioning to a new life, dealing with the emotional weight of divorce and at times seeing your ex with a new partner.

Our experienced divorce lawyers lessen the burden by representing you, without letting emotion interfere with the complex negotiations and financial transactions of separating.
We’re not robots; we are here to support you and will offer whatever support possible.

However, removing emotion from the process when dividing property is key to a smooth separation.

Divorce expenses you can expect
Every relationship is different, which means no two financial separations are the same. Divorce expenses vary in all cases however there are some key considerations when dividing assets:

• Capital gains tax from financial gains when an asset is sold
• Stamp duty when transferring assets (which can be waived in most circumstances with a Court order or Financial Agreement)
• Bank fees such as early loan exit fees
• Legal fees for us to fight for your entitlements
• Ongoing child support payments
• Rental or relocation costs if leaving the family home

Don’t panic: our Perth divorce lawyers will clearly explain all your financial likely outcomes and entitlements as we work through the separation process with you.

To understand your financial position in case of separation, book a free 15-minute consultation with Leach Legal. Our team will help you avoid a costly divorce and take some of the stress off our shoulders.

The post The Finances of Divorce appeared first on Leach Legal.

Even the friendliest separations require a proper settlement, and for difficult separations the process ensures a fair split when the couple cannot agree.

What is a property settlement?

Property and financial settlements divide up property owned or controlled, independently or jointly, by couples when their relationship ends.

The result is a fair and equitable division of assets and liabilities.

Sometimes the agreement is reached by the separating couple and finalised by their family lawyers. Other times the process is fraught and the Family Court steps in, applying tests to decide how property is split.

We previously wrote about common misconceptions in property divisions which you can read here.

Although they require a Family Court application, settlements are normally negotiated without the need for a trial.

At Leach Legal, our Perth property and financial settlement lawyers will outline your options including negotiated settlements, arbitration, mediation, and Court proceedings.

What is included

In the sense of a relationship “property” refers to assets, including superannuation, financial holdings, and liabilities under ownership or control of one or both parties.

If that sounds confusing, it’s because it can be.

Below is a list of common examples. Our Perth property and financial lawyers can go through your assets with you for a better understanding of your legal standing.

Assets

• Family home
• Rental properties and holiday homes
• Commercial property
• Superannuation
• Bank accounts
• Share portfolio
• Interest in businesses
• Trust entitlements
• Vehicles including boats, jet-skis etc.
• Antiques and artwork
• Jewellery

Liabilities

• Mortgage
• Car loan
• Business-related debt
• Credit card debt

Leach Legal can help you understand your position by liaising with your advisors or connecting you to a network of professionals such as property valuers, forensic accountants, brokers and financial planners.

Married or De Facto: What’s the difference?

Our property and financial settlement lawyers are Perth’s experts in married and de facto settlements.

In Australia, the Family Law Act 1975 (Cth) governs property settlements for married couples.

Unlike other states the Family Court Act 1997 (WA) governs property (and therefore settlements) for de facto couples in WA.

Either party in a married couple has 12 months from the date of divorce (not separation) to apply for a property settlement. De facto couples have 24 months from the separation date to apply.

Past that time there are exceptional cases where a settlement will be granted.

Remember the Court looks at the date proceedings are dealt with and not the separation date, meaning changes to the asset pool after separation (such as property valuations, dividends or inheritances, or new debts) up until settlement or hearing are included in the division.

What is the first step?

Settlement action should be commenced as soon as possible after the separation; however, it is important not to rush into an agreement.

Getting legal advice early will help you understand your entitlements and obligations to negotiate with confidence.

Leach Legal are here to help you, starting with a free 15-minute consultation with our Property and financial settlement lawyers.

Separations are stressful. With Leach Legal on your side, you can rest assured you will be moving on with your life in the best position possible.

The post Property and Financial Settlement appeared first on Leach Legal.

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 that secures your child’s future, and your own.

Child support arrangements

Both parents have a responsibility to financially support their child. There are two kinds of Child Support Agreements:

1. Binding Agreement: Requires both parties to seek independent legal advice.
2. Limited Agreement: Does not require legal advice but does have an expiration date.

Informal agreements are common but can impact Centrelink payments, so we recommend seeking legal advice to ensure your child is properly provided for.

If you are caring for a child and are worried the other parent may not pay, our child support lawyers can talk you through the available options.

Education

The Family Law Act 1975 outlines a presumption of “shared parental responsibility” for major parenting decisions.

This means decisions around enrolments, changing schools, and behavioural issues like expulsions, should be made together with your ex-partner.

However, it is not the school’s responsibility to do the Court’s job by checking both parents were involved in the decision.

For example, schools can accept an enrolment form with only one parent’s signature; although that parent is then responsible for school fees and communication.

Our child custody lawyers help Perth parents to reach agreement based on the child’s best interests.

How our child custody lawyers can help

Leach Legal are expert child custody lawyers in Perth, helping separated parents (including same-sex couples) find the best decision for their child.

If we need to, Leach Legal can recommend an experienced mediator and assist with developing a parenting plan or Consent Orders.

A formal Consent Order (Form 11) is filed in the Family Court and provides a Court enforceable order.

For advice relevant to your specific situation, claim your free 15-minute consultation with our experienced family lawyers.

The post Children and Education appeared first on Leach Legal.

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 since the amendment, our Perth family lawyers have caught up on the implications of the amendment so we can help couples understand their rights and responsibilities.

Marriage and Divorce

Second marriage

Some people who were married and later separated overseas may decide to remarry their new partner.

Under the Marriage Act, a second marriage is nullified if one of the parties to the second marriage was never formally divorced, regardless if they separated before Australia recognised the first marriage.

This means the second marriage will be treated as a de facto relationship instead of receiving the full marriage provisions under the Family Law Act.

Separation and divorce

Same-sex and different sex couples now have equal access to the divorce system in Australia.

So long as a couple has been separated for more than 12 months (including before December 2017) and can demonstrate the marriage has “broken down irretrievably”, a Perth family law firm can help the couple work through the separation.

Property proceedings

Before the amendments, same-sex couples who separated could apply for property settlements providing they met the criteria for a de facto relationship.

With the change in 2017, same-sex couples who have married have the same legal protection as different-sex couples under the Family Law Act, including pre and post-nuptial Binding Financial Agreements.

For personalised advice and more information on how the Marriage Act amendments impact you, contact Leach Legal to arrange a free 15-minute consultation.

The post Same-Sex Marriage and How It Changes Family Law Proceedings appeared first on Leach Legal.