60-Second Summary After the majority of Australians voted in favour of changing marriage laws to allow for same-sex marriage, the corresponding legislation was amended in December 2017. As a result, same-sex couples are able to get lawfully married. As the number of same-sex marriages steadily increases, this unavoidably gives rise to a relatively new area … Continue reading “Same-Sex Marriage and Divorce in Australia”
60-Second Summary Living separated under one roof occurs when you and your former spouse/partner are no longer marital or de-facto partners but nonetheless continue to live in the same home. There are many elements involved in the definition of separation, some or all of which may be present in a particular relationship. Therefore, what comprises … Continue reading “Separated Under One Roof”
60–Second Summary The end of a relationship often presents separating spouses and their children with emotional upheaval, as well as various financial and practical difficulties. This is made more complex and emotionally disturbing when there are issues of family violence. In urgent cases of family violence, it is appropriate that an application be made in … Continue reading “FVRO’s (Family Violence Restraining Orders) vs Protective Orders”
60–Second Summary The appointment of a Single Expert Witness (“Expert”) may become necessary in parenting proceedings in the Family Court where a professional opinion would assist the Court in reaching a decision. Issues requiring input from an Expert might include: Where and with whom the children ought to live How much time the children ought … Continue reading “Single Expert Witnesses in Parenting Proceedings”
What is Child Support and what does it cover? All parents have a responsibility to adequately and properly financially support their child/ren until they attain the age of 18 years. Both the Family Court and government agencies consider such expenses to include housing, food, clothing and costs related to their child/ren’s education. These are the … Continue reading “Child Support Arrangements & Agreements”
What is a parenting plan? A Parenting Plan is a written agreement which covers parenting arrangements for children but is not formally approved by the Court. It is a more informal way of having arrangements in place for your children than Consent Orders, as the parties do not have to make a formal application to … Continue reading “Parenting Plans vs Consent Orders: What’s the difference?”
60-Second Summary: In order to reach an agreement on how to divide property between parties in a financial matter, it may be beneficial to appoint an expert witness who is qualified to determine the value of certain assets in the property pool. It is important to consider when it may be appropriate to appoint an … Continue reading “Expert Witnesses in Financial Proceedings”
You are being tracked… If you are thinking of separating, you have likely jumped on to Google to start researching divorce, property settlement and arrangements for your children, and how to go about achieving these outcomes. In the process, I assume you will have visited the website of the Family Court of Western Australia, and … Continue reading “Please! Be careful how you browse online – a Family Lawyer’s perspective”
As highlighted in my previous article “Why do I need a Family Lawyer?”, a failure to finalise your property settlement with your former spouse/partner as promptly as possible after separation can have drastic consequences on the outcome. No family law case highlights this more painfully – at least, for high-income parties – than the decision in Trask … Continue reading “The Need for Speed? – Post-Separation Settlement”
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