Author: conceptadmin

Penny Wise Pound Foolish

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?

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

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

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!

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 …

Separation when pregnant

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 …

How To File For a Divorce

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 statistical facts about marriage and divorce what will the Census reveal

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” …

OMG! We can’t get divorced for how long?

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 …

Overseas Property – not necessarily out of reach

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 …

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