After a separation, reaching a fair property settlement can often be a complex process, which is governed by the Family Law Act for married couples and the Family Court Act for de facto couples in Western Australia. However, things can get even more complicated if one of the former partners enters into a new de [...]

How is property acquired after separation treated? As with many issues in family law, it depends on the circumstances.

A party in a family law dispute may make an offer to another party to settle all or part of a case at any time before the Court makes an order disposing of the case. This may occur before, or in the absence of, formal court proceedings between the parties.

To obtain spousal maintenance in Perth / Western Australia, we look to Section 72 of the Family Law Act 1975 (section 205ZC of the Family Court Act 1997 for de facto couples).

When faced with a topic we are unfamiliar with or that we find daunting, more than ever before, we have tendency to go online and “do our own research”, arm ourselves with knowledge and draw our own conclusions before making a decision that is right for us.

Demographically, Australia is experiencing significant intergenerational wealth transfers and will continue to do so for some time. 

When dealing with family conflict, the law always encourages parties to resolve their disputes without having to resort to litigation, and there are a number of dispute resolution mechanisms available. The affected parties have the option to engage with a process of their own choosing or alternatively, can seek the assistance of the court who may refer the parties to family counselling, family dispute resolution, or other alternative family services as outlined in the Family Law Act 1975 (Cth) (the FLA).

Under Australian law, a reason is not required to be given for an application for divorce. However, there must still be proof of the marriage’s ‘irretrievable breakdown’ in order for a divorce to be granted by the courts. Section 48 of the Family Law Act (the FLA) dictates that the court will only make an order for divorce if the parties have shown that there has been an irretrievable breakdown of the marriage by separating from one another for at least one year (note this does not require living separately). Other elements also must be proven to show an ‘irretrievable breakdown’ to allow the court to grant the parties a divorce.

It’s generally accepted that parents are responsible for the care, protection and upbringing of a child. Matters to do with children and the family are usually dealt with under the Family Law Act 1975 (Cth), or alternatively, by the Family Court Act 1997 (WA). However, if a child has been charged with a criminal offence, is suffering from abuse, or is in need of care, the states and territories have the authority to act in respect to the maltreatment of a child.

Having children can change a person’s worldview. Formerly unimportant issues may all of a sudden take on a different complexion when you have kids of your own. There’s nothing quite like being responsible for another person to overhaul someone’s life. All of a sudden, matters such as schooling and kid friendly restaurants seem to take prominence.