Divorce

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” …

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 …

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 …

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. …

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 …

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 …

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 …

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