Family Law
Phone: 08 9725 0277
Family Law
Our team have experienced family law practitioners offering a range of services in family law including:-
Divorce
Either party to a marriage can apply for a divorce order in the Family Court provided there has been a 12 month period of separation. Separation can occur when parties are no longer living together or have separated but remain living together under the same roof. The Court must be satisfied there are adequate arrangements in place for the care of any children under the age of 18 years before making an order. Once an order is made, there is a limitation period of 12 months to initiate proceedings for property matters. Divorce also invalidates any Will, unless the Will specifically provides otherwise.
De Facto Disputes
De facto couples are treated in a similar way to married couples, except that superannuation entitlements cannot be divided at this point in time, although the Family Law Amendment (WA De Facto Superannuation Splitting and Bankruptcy) Bill 2019 will enable superannuation to be split when proclaimed.
Property Matters
In dividing property between married and de facto couples, the Family Court uses a 4 step process:-
- The value of the assets and liabilities of the parties are identified (the asset pool).
- The financial and non-financial contributions of each party are then considered.
- The future needs of each party are assessed.
- The Court finally considers whether the division is just and equitable.
Each party is required to provide full disclosure of their financial position including any superannuation. Settlement can occur either through a Form 11 Application for Consent Orders or by a Form 1 Application to the Family Court.
Parenting Arrangements
When parents separate, a child or children may live with one parent and spend time with the other parent or there may be a shared care arrangement. Sometimes a grandparent or other person significant in the child’s life may either have the child live with or spend significant time with them. Parenting arrangements can be documented by way of a Parenting Plan, Form 11 Application for Consent Orders or by application to the Family Court. Parties are usually required to attend mediation prior to initiating Family Court proceedings, except in a number of special circumstances.