Last updated by Greg Martinovich on 16/06/2020 60-Second Summary: It might come as a surprise to many but currently, in Western Australia, superannuation is not considered an asset for the purpose of a property division between de facto couples following a separation. This means that, unlike in any other Australian state or territory, superannuation cannot … Continue reading “De Facto Superannuation Splitting in Western Australia”
60–Second Summary The challenges faced by the Community amid COVID-19 are many, and often unforeseen as country after country imposes “lockdown” measures which increasingly restrict daily life – socially, economically, spiritually and physically. But in the family law sphere, separated parents are encountering a new range of challenges following government directions for people to … Continue reading “Parenting Orders and Contravention in Times of Coronavirus”
60–Second Summary In our day and age, it is not uncommon for individuals to want to become a parent despite not being in a committed relationship (or if in a committed relationship and unable to conceive). Becoming a parent can be achieved via artificial insemination, or by engaging a “sperm donor”. This donor might … Continue reading “Sperm Donor Laws – Who are the legal parents?”
Please be advised that DS Family Law is closely monitoring and complying with the latest government guidelines concerning the recent impact of COVID-19 on our community. We have outlined all steps taken in light of the recent developments below for your information. Phone, Skype and Zoom Consultations Our Firm has implemented an immediate … Continue reading “COVID-19 – Notice to Clients”
What is relocation in Family Law? After a separation, one parent (or sometimes both) will need to find somewhere else to live. It is not uncommon in these circumstances for a parent to want to move with children to be closer to family support, a new relationship, stable accommodation or to get access to … Continue reading “Relocation with Children”
60-Second Summary Grandparents may not always be aware that they can apply to the Family Court for Orders that their grandchildren live with or spend time with them. It does not matter if the parents of the children are together or separated – the legislation permits such an Application. In fact, grandparents are specifically … Continue reading “Parenting Orders for Grandparents”
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 … 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 … Continue reading “Single Expert Witnesses in Parenting Proceedings”
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