Author: conceptadmin

Should I enter into a Binding Financial Agreement?

A Binding Financial Agreement (“BFA”) is a written agreement between parties to a marriage or de facto relationship. Couples can enter into a BFA when they are contemplating marriage or cohabitation (commonly known as a “pre-nuptial agreement”), during the relationship, or following separation. The focus of this article is on “pre-nuptial” agreements. A BFA can …

BOOTH [2010] FMCAfam 1269

23 November 2010, published 5 November 2014 Property – Long marriage – Initial contribution of home by Mr Booth the primary asset – Contributions assessed 61/39 of $711K pool (1 per cent being for Mr Booth’s care of children) – No s 75(2) adjustment – Husband’s non-disclosure of earnings FACTS: Mr. and Mrs. Booth married …

Untying the knot

When things turn sour, the source of information about rights and responsibilities can contribute to the pain of separation. We naturally turn to our friends and family for support and advice when things go wrong. The problem with that is the advice can be based on outdated concepts or outright misinformation. While lawyers might be …

Does your Family Lawyer Understand You?

After working in Family Law for over 20 years I have come across many different types of relationships. My biggest challenge is to make sure I understand what has taken place and not to place “labels” on things. Many years ago I had a client who had just separated. The children were living in the …

New Family Violence Restraining Order for Western Australia

The WA Government is introducing a new type of restraining order later this year to specifically address violence that occurs within a family environment. The number of reported incidents in 2012 was 45,000, an increase of two and a half times in the last ten years. Attorney-General Michael Mischin said the Family Violence Restraining Order …

Social media and separation

It started with chain emails and ICQ, progressed to MSN Messenger and has advanced to Facebook, Twitter, WhatsApp, Snapchat and Tinder to name but a few.  Electronic communication has assisted the practice of family law in countless ways, such as giving us immediate access to online research platforms and the ability to instantaneously communicate with …

Living Under One Roof and Divorce

Did you know that you can still apply for a Divorce if you have been living under the one roof with your Husband or Wife since separation? Lots of couples continue to live under one roof after separation for many reasons, including for the benefit of the children or for financial and practical reasons. This …

New Year’s Resolutions

It is very easy to become emotionally driven during family law settlements, particularly when our children are involved. Past behaviours and things said in the heat of the moment are often very hard to forget. Unfortunately, feelings of hurt and disappointment can sometimes stand in the way of a negotiated settlement. As we enter into …

Sexually Transmitted Debt

What you need to know about separation, divorce and debt Debts, just like assets, are usually factored into a property settlement. Even if the debt is not in your name, and/or you did not know about it, it is likely to be part of the overall asset pool. If your ex does not “put the …

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