An experienced family lawyer Perth has prepared the Family Law Information Guides that are available on this website. The information provided in our information guides is only provided as a general overview of the relevant topic. It should not be relied on as legal advice. You should obtain advice from an experienced family lawyer.
Family law rights and obligations can be either financial or child-related. Family law consists of a number of areas including each of the above. Beacon Family Law is able to advise and represent you in relation to each of these areas of family law. We have provided Family Law Information Guides about these areas. If you click on each of the above links you will be able to access detailed information about our areas of service, drafted by an experienced divorce lawyer Perth.
Child support is the support payable by the payer parent to the payee parent or carer for any children under the age of 18 years of age. Child support is largely governed or implemented by the Child Support Agency (CSA). However it is prudent to get advice from an experienced family lawyer to ensure that you are paying or receiving the correct amount of child support as the CSA can and will often make errors in the calculation of child support. There are a number of grounds for departure in relation to child support administrative assessment. Child support is considered to be a highly technical area of family law.
Spousal maintenance is the Australian version of alimony in the United States. It is separate from child support. It refers to the periodic payments that may be payable by one party to the other party for their support. It is separate from a property settlement. Spousal maintenance applies in specific circumstances.
Since 2002 parties living in a de facto relationship have had virtually identical rights and entitlements in relation to financial matters to married couples.
If parties have reached an amicable agreement then they still must prepare and file an application for consent orders. An amicable agreement is not final unless consent orders have been made. There are other benefits besides a resolution of the financial matters that apply to consent orders such as the avoidance of stamp duty.
BFAs are a relatively new development. They are the equivalent of the American version known as prenuptial agreements. This area is a new and developing area. BFAs are very technical and both parties need to have independent legal representation.
Since 2002, separating married couples have been able to obtain a superannuation splitting orders. At the time this was a very significant development, as previously superannuation could not be split between the parties. This led to significant injustices. Although the superannuation splitting regime has been in place for some time, the rules surrounding the splitting of superannuation are very technical and independent legal advice from an experienced family lawyer is necessary.
A party to a parenting order, child support order, property order, maintenance order or binding financial agreement, may attempt not to comply with their obligations. This may occur in relation to children and financial issues. The Family Courts have a range of punishments to ensure enforcement of the court orders. However the rules are technical and the appropriate application and remedy needs to be sought. Obtaining independent legal advice is a must.
If a party is likely to be subject to physical abuse, then they may be able to apply for a VRO. The person applying for a restraining order has to satisfy the court on the balance of probabilities of various legal requirements. Some people do apply for VROs on their own. The chances of success are increased by having a lawyer. In some circumstances it may be totally inappropriate to apply for a VRO. However, other remedies may be above available such as an order for exclusive occupation of the former matrimonial home.
Parties sometimes feel aggrieved by a decision of the Family Courts. The aggrieved party may be able to appeal the decision. A notice of appeal must be lodged within 28 days of the date of the order being appealed. Obviously appeals are a very technical area of law and Beacon Family Law have experience in appeals and should be consulted.
Because family law applies to every person living in a couple, it’s important that you not take steps or actions that may harm your position and obtain advice on your rights and obligations for an experienced family lawyer. Beacon Family Law provides an initial consultation for the purposes of getting formal advice about rights and entitlements.
Some family law matters are inherently complex. There may be multiple parties involved such as parents, grandparents, companies, trusts, creditors or other persons. Complex cases may be difficult to resolve unless prompt advice and actions are taken. Situations which are complex involve are as follows:
- Mental and physical health issues.
- Substantial variety of assets.
- Undisclosed assets.
- Overseas assets.
- Large asset pool.
- A self-represented party.
- A difficult or aggressive spouse.
- Interrelated criminal proceedings.
- Bankruptcy issues.
- High profile cases.
- Parental alienation.
- Non-compliance with court orders.
If your case involves these matters then we strongly recommend that you get independent legal advice from an experienced family lawyer without delay.
There are a range of ADR services available to help parties deal with separation and divorce as an alternative to going to court. Parties are now required to engage in the pre-action procedures (PAPs) before going to court. As part of the PAPs the parties engage in ADR.
If parties are separated and have been living separate and apart for a continuous period of 12 months then the parties can apply for a divorce either separately or jointly. Beacon Family Law divorce lawyers Perth act for clients seeking to apply to the Family Courts for a divorce. Beacon Family Law can provide a number of packages and price options for parties seeking to apply for a divorce.