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In December 2017, Australia became the 26th country to legalise same-sex nuptials with an amendment to the Marriage Act 1961 that redefined marriage as non-gender specific. Since then, same-sex couples have been recognised as married under the Family Law Act 1975. This includes “pre-commencement” couples married overseas before the legislation changed. In the short time …
De facto couples have almost all the same rights as married couples. The Family Court Act recognises the existence of a de facto relationship whether the partners are heterosexual or same-sex, or even if one or both of them are legally married to someone else. In Western Australia, de facto couples are presently unable to …
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 …
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 …
Superannuation splitting in de facto relationships has been problematic in Australia’s financial and legal climate for some time. Last year, Catherine Leach, Director of Perth’s largest Family Law firm, discussed with Chanel Nine News the need for the legislation to change. Today, the bill is under review in Federal Parliament, and if this legislation passes, …
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, …
The “silly season” sees people overindulging in alcohol and festivities. Many families spend more time together within a few weeks than they do over the rest of the year which can cause a strain at the best of time. Combine this with the summer heat and financial stress of Christmas, and a fragile relationship can …
Australia has spoken and it’s a YES for same sex marriage equality! Will this make a difference in the Family Law sector and any other industries? The short answer is not really, unless you happen to work in the wedding industry of course. Most professions have been dealing with heterosexual marriages for decades now, so …
Australia is still awaiting marriage equality, however same-sex couples do have many rights from a family law perspective. Same-sex relationships can be classified as “de facto relationships” if they satisfy certain criteria. Just like heterosexual de facto couples, same-sex de factos may apply to the Family Court for a property settlement. They can also seek …
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 …
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 …
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 …
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; …
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 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” …
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 …
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, …
“We have been together for 6 months so he/she automatically gets half.” I cannot count the amount of times that I have heard this fallacy being tossed around. As a family lawyer, few things make me cringe more! For de facto couples in Western Australia, a Court can only make an order with respect to …
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 …
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 …
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 – …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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 …
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.
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