Leach Legal

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 …

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 …

5 Family Law Terms People Commonly Misuse

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 …

Do I Have to Go to Court?

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, …

4 New Year Resolutions that will change your 2016

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 …

Should you look a gift horse in the mouth?

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 …

What you need to know when attending Court for a Family Law matter

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 …

How to Get the Best Out of Your Lawyer

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 …

You Matter