Leach Legal

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 …

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 …

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