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Incapacity in relationships: The tension between State Administrative Tribunal and the Family Court of WA
Over the last 10 years or so the Family Court of WA (FCWA) and the State Administrative Tribunal (SAT) have had to deal with an increasing number of property settlement and maintenance claims and applications for guardianship and administration involving couples who are still married or in a de facto relationship but no longer live together because of failing health, old age, mental health or substance abuse issues.
The Twelve Days of Family Law: A Holiday Guide from your Family Lawyer
Ah, the holiday season! A time when we dream of “Silent Night”—but let’s face it, for many families, it’s more like “Jingle Bells, Jingle Bells, chaos all the way!” If you’re navigating separation, the holidays can feel like a never-ending bittersweet ballad.
Groom unconscionable for threatening bride “sign the pre-nup or no wedding”
A husband who pressured his soon-to-be wife into signing a Financial Agreement (also known colloquially as a “pre-nuptial agreement” or “BFA”) has had the Agreement set aside by the Family Court on the basis that his behaviour was “unconscionable”.
Is spousal maintenance ever really final?
Parties to an application for spousal maintenance in Perth / Western Australia need to take note of this. In 2019, the Federal Circuit Court of Australia made a finding in the matter of Blevins & Blevins [2019] FCCA 1923 that leave was not necessary to make an Application for spousal maintenance, and considered it was appropriate to [...]
A guide to using social media in family law disputes
Written by Alex Mondia and Amy Baltzer. Social media is intertwined with our daily lives. When going through a separation or divorce, it can be a convenient tool for staying in touch, seeking support from, or updating loved ones. However, it is essential to exercise caution when using social media during this tumultuous time as [...]
Property settlement after divorce in Australia
When a marriage ends in divorce, one of the most complex and emotionally charged issues couples face is the division of their property. In Australia, this process is governed by the Family Law Act 1975 (for de-facto couples in states outside of Western Australia and married couples in any state of Australia) and the Family [...]
A guide to financial separation in Australia
When a marriage or de-facto relationship comes to an end, one of the most significant challenges couples face is untangling their shared finances. Financial separation by way of property settlement allows both parties to establish their individual financial identities and protect their assets. In Australia, this process is governed by a set of legal procedures [...]
Key elements for a prenuptial agreement in Australia
As couples plan their dream wedding, it's crucial to have open and honest conversations about finances and legal protections. One way to safeguard both parties' interests is by entering into a financial agreement (often colloquially referred to as a prenuptial agreement). For a financial agreement to be binding, it must adhere to specific criteria set [...]
Understanding Section 79: A comprehensive guide to property division in Australia
When it comes to separating or divorcing in Australia, the division of property can at times be a complicated and emotionally charged process. Section 79 of the Family Law Act 1975 provides a framework to ensure a fair and equitable division of property between separating or divorced couples. Scope and power of section 79 Section [...]