Divorce

Children Divorce

Positive Parenting Post Separation

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 …

Children Divorce

Who Gets the Children on Father’s Day?

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 …

Protecting Your Business from Divorce

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 in a Separated Family

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 …

Who Gets What? Common Misconceptions

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 …

Divorce Lawyer

Why It’s Worth the Effort to Keep Your Separation Amicable

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 …

Let Them Speak: Give Your Child A Voice In Court

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 …

Divorce declining – the latest statistics

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, …

Stress on relationships due to increasing debt

Debt and financial trouble is one of the leading causes of stress in a relationship. It can feel as if there is no hope, and that there is no way out. There are many reasons why couples get into debt. In Perth, there is currently a growing number of couples defaulting on loan agreements and …

Getting the most out of mediation

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 …

Some tips on maintaining privacy and security post separation

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 …

Living together post-divorce

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 impact of FIFO work commitments on your relationship

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 …

Why-should-we-do-a-financial-settlement-now

Why Should we do a Financial Settlement now?

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 …

Separating-and-Settling-Amicably

Separating and Settling Amicably

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 …

Maintain-back-to-school-routine-after-holiday-divorce

Maintain Back to School Routine After Holiday Divorce

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 …

Starting a New Chapter

Starting a New Chapter

The presents are unwrapped, the Christmas tree is put away and you have somehow managed to survive the mayhem of the holiday season. Now, the New Year is upon you and reality sinks in once again. For many people the New Year is a time to reflect on their family and relationships and start a …

Leach-Legal-furbaby

But What About My Furbaby

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 …

Before your reach for your mobile phone

Before You Reach for Your Mobile Phone….

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 …

collaboration-vs-courtroom-leach-legal

Collaboration vs. Courtroom

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 …

Harmonious Arrangements During Christmas

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 …

Who gets what in divorce

Who Gets What?

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 …

Affects of Social Media and technology

Knowing the impacts of social media, technology & the internet

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 …

Recovering from Divorce

Start Your Recovery Now

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.  …

Divorce Lawyer Resolution

Can My Divorce Lawyer Represent Both Parties?

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) …

Considerations in choosing a family lawyer

How to Choose a Family Lawyer for your Child Custody Matter

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 …

Difference between an Annulment and a Divorce

What is the Difference Between an Annulment and a Divorce?

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 …

Factors leading to divorce

What Triggers a Divorce?

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 …

Family Lawyer considerations

10 Things to Consider When Choosing a Family Lawyer

When facing a divorce, one of the first questions that springs to mind is “how do I find a good lawyer?” Knowing how to choose a divorce lawyer that will provide you with the legal advice you need, at a price you can afford and be the right fit for your situation, isn’t an easy …

Debunking and analysing Divorce Myths

Debunking Divorce Myths

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 …

Mediation Process through divorce explained

What Does the Mediation Process Involve?

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, …

Mediation Process through divorce explained

Binding Financial Agreements – Thorne v Kennedy Decision

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 …

common FAQs about divorce

8 common FAQs about divorce

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 …

Who gets the dog

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 …

Time Limitations in Family Law – When the Clock Starts Ticking!

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 …

Your Child Support Options Explained

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 …

Thinking of separating?

When a couple separate or one party decides the relationship is over there are a number of decisions that need to be made and practicalities that need to be considered. Decisions such as: Will you stay in the house together or will one of you move out? How will living expenses be paid? Who will …

Valuations in the Family Court

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; …

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 …

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 …

The Cardinal Sins of Family Law Matters

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 …

Why does the date of separation matter?

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 …

The Ungodly Divorce

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 …

Lottery wins and family law property settlements

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 …

Help, I Want a Divorce!

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. …

How Much Spousal Maintenance Am I Entitled To?

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 …

To disclose or not to disclose, where is the question?

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 …

Dealing with Children Post-Separation

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 …

11 Practical Tips for Newly Separated People

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 …

Globalisation of Parenting Orders

In a world that is fast becoming international, global, an interconnected it’s not unreasonable to assume that some Family Court orders will need to operate in different places of the world. International cooperation between convention countries is covered under the Child Protection Convention of 1996. This Convention includes recognition and enforcement of protection measures – …

The importance of Family Court Orders in your property settlement

So you have recently separated from your de facto partner, husband or wife. You sit down together and manage to come to an agreement about how your assets should be divided and who should be responsible for your liabilities. Things are going well. Now all that is left is completing the necessary transfer paperwork and …

Five Things Most Couples Miss When They Are Getting Divorced

Divorce and separation are life changing experiences and rate up there with death, getting married and changing jobs. It is no wonder that in the midst of stress and emotion, no matter how amicable your separation, that things get overlooked.   Here is a list of some important things that should be done, but sometimes get …

Excuse Me Please, Do You Have the Time?

Did you know that there are time limits to commence property settlement and maintenance proceedings in the Family Law Courts? The law relating to limitation periods developed so that people could move on with their lives without being concerned that they would be subjected to litigation in years to come, and so that they could …

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 …

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 …

8 Simple Bits of Advice for Separated People

This great advice comes from Reddit (www.reddit.com) from people who separated and survived. 1. You have to love your kids more than you hate your ex. 2. It will take time, but you will get through this and life will get better. 3. Freedom is amazing. 4. Pain is a huge catalyst for change; use …

Why Documents Matter in Family Law

Why Documents Matter in Family Law When a couple separate, they are usually asked to tell “their story”.   They individually tell friends, family, colleagues and professionals about their relationship, why it ended and what their expectations are moving forward. Amazingly, each person will tell a different “story”. These different stories can sometimes be very …

The Five Most Common Reasons Why Couples Divorce

Although I am a Family Lawyer, and not a relationship counsellor, in the last 20 odd years I have seen thousands of people and listened to their stories about why their relationship ended and what has finally brought them to a Family Lawyer. No two separations are ever the same, but there are a few …

Working with Documents? Things your Lawyer should tell you

You can spend a huge amount of money with your lawyer on providing documents to prove your case.  This is called disclosure. You are required to provide disclosure to the other side, whether you are negotiating, mediating or involved in Family Court proceedings. Your lawyer will tell you what documents you have to provide.  If …

The Five Most Common Reasons Why Couples Divorce

Although I am a Family Lawyer, and not a relationship counsellor, in the last 20 odd years I have seen thousands of people and listened to their stories about why their relationship ended and what has finally brought them to a Family Lawyer. No two separations are ever the same, but there are a few …

Keep Calm And Carry On… Managing Your Separation

The top 3 life stressors, according to the Holmes-Rahne Life Stressors Scale are: 1. Death of a spouse 2. Divorce; and 3. Marriage Separation. When you separate from your partner, there are so many things you need to think about from a practical, emotional and financial level, that it can become overwhelming. While it would …

Magistrate Writes to the Children

A recent Family Court case has reached the news. In my many years of practise as a Family Lawyer, I have never had a Family Court Judge or Magistrate speak to the children or even see the children. In this case Magistrate Altobelli wrote a letter to the children, who were aged 10 and 6, …

10 Top Tips for Separated Parents from a Perth Family Lawyer

Divorce is difficult, very difficult. And, in my 16 years as a Family Lawyer in Perth I have seen families devastated by divorce, but more often than not I see families that grow stronger as separate units. Leaving the past behind them and moving out of the conflict zone. Don’t beat yourself up if you …

Documents are King in Property Settlement Negotiations

If you are anything like me, and like most people, your memory is not perfect. You may remember birthdays but forget how much you paid for a couch, or you may be really good with remembering when you moved into your first house, but you can’t remember which bank you got the loan from. That’s …

Talking Marriage, Divorce and Myths with Undercurrent

I had an enjoyable chat with Nic Hayes from Undercurrent TV about some of the myths around the divorce process. Seeing a lawyer for your divorce is not about ending up in court, it’s about understanding the life changing process you’re about to go through and heading off in the right direction. My only advice… …

Talking De Novo with Howard Sattler

I was recently on Howard Sattler’s program chatting about our De Novo Guide to amicable divorce. There are many people who would love to have an amicable divorce, but it does require the right approach from both parties. I strongly believe that good advice early on can set you off in the right direction and …

Infidelity. Does it Change Things?

My clients often tell me why their marriage or relationship broke down. Frequently it is because they “grew apart” and hadn’t been happy for some time. Often it is because of clashes with family members, particularly the mother-in-laws (on both sides). Occasionally it is because one or both partners have been unfaithful. I have had …

The De Novo Guide video

This is a video I put together to explain our De Novo guide to amicable divorce and separation, and why we think it’s such an important product for people seeking a DIY solution.