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Family law is a highly specialised field of legal practice most commonly dealing with divorce, separation and child custody cases. 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 …
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 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 …
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 …
During your first meeting with your lawyer, it’s important that you walk away feeling confident and at ease with the process. Your lawyer is there to help you navigate through this difficult time, and the expert team at Leach Legal have put together several tips to help you get the most out of your initial …
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 …
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. …
According to a recent announcement by Attorney-General Christian Porter, the Family Court of Australia will be merged with the Federal Circuit to form the Federal Circuit and Family Court of Australia (FCFCA). This sweeping change will result in the two Courts being administered out of one Court rather than the two completely separate systems that …
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, …
In 2012 I completed my Masters of Applied Law (Family Law) through the College of Law, which enabled me to study Family Law at a much deeper level and proved to be a really useful and practical course. Recently I was privileged to be interviewed by the College of Law for their Insights section. Read …
In the last month the media have reported that divorce lawyers could “soon” gain access to the web, phone and email use of every person in Australia. Privacy advocates and others have criticised the possible move to change data retention laws as intrusive. Under the Telecommunications (Interception and Access) Act 1979 Australian phone and internet …
Christmas and the New Year period are often times of great stress, and often that stress becomes too much and people decide to end their relationships. But what can you do when the law firms are closed over the Christmas/New Year period? If your matter is urgent, the following institutions are available: The Family Court, …
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, …
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 …
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 …
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 …
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 …
1. Guardianship Prior to 2006 parents were awarded either “sole guardianship” or “joint guardianship” of their children. The law changed in 2006 and this term was abolished and became “parental responsibility”. Both terms relate to decisions about a child that are major long term issues – such as education, religious and cultural upbringing, elective surgery …
The short answer is no. Going to Court is a last resort used when negotiations have been unsuccessful. Before commencing proceedings, we use a range of negotiation tools such as letters or emails, informal conferences and mediations. If you and your former partner can reach an agreement about your children and / or financial matters, …
Happy belated New Year from all of us at Leach Legal. We have built a fantastic team and I have spent some time over the break thinking about how I can continue to grow and improve personally and professionally. Working on the “Keep it Simple Stupid” principal, I have identified four things that I …
Over the course of a marriage, or even prior to, a couple may receive funds from their respective parents, often to assist them to purchase a house. The status of these monies may come into contention pending a property settlement as the Family Court treats gifts and loans differently and the difference can have an …
The Basics Be prepared. If it is your first time appearing in court it may be helpful to attend a hearing beforehand so that you have an understanding of the process. Arrive early! Give yourself time to find the courtroom and discuss any outstanding matters with your lawyer before your matter is called on Always …
Separation and divorce can be particularly traumatic, and our role as Family Lawyers is to help you through this difficult time with as little stress as possible. Here are our top 5 ways that you can help us to help you: Tell your lawyer everything! Sometimes the things which you may consider irrelevant are very …
Becoming a Legal Couple Australian laws move hard and fast when identifying two people as a legal couple. It’s imperative you understand where you stand, knowing the ins and outs of your partners past and current situation to ensure your financial freedom is secure. Catherine Leach speaks more on the topic to 7 News, and …
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 …
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 …
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 …
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 …
After 25 years in law, I know how stressful divorce and separation is, and how demanding and time consuming the process can be. I also know that an organised, strategic and properly managed client case is usually going to be less expensive, less stressful and provide better outcomes for the client. I know from speaking …
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… …
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 …
You might think it’s a little predictable of me to say that in most instances, you are well served using both, but let me explain why within the context of an amicable divorce or separation. A mediator is someone who is trained to help you reach an agreement about your divorce and property settlement, arrangements …
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