Insights
Artificial intelligence (AI) is becoming more common in everyday life, including legal matters. While AI tools can provide general guidance, using them as a party in a family law case in Western Australia can lead to serious risks and unintended consequences.
The approximate time from the initiation of proceedings in the Family Court of Western Australia to the date of final judgment is currently between 3.5 and 4 years.
When determining how assets and liabilities should be divided upon separation, one of the steps the Family Court will take is to assess the contributions each party has made throughout the relationship.
As 2025 gets underway and we look to set our goals for the coming year, it’s good time to reflect on the previous year to see if it provides any indicators of what might lie ahead.
When couples separate, disputes as to who will care for a beloved family pet often arise. Given how close may of us are to our furry family members, it is no surprise that some of these disputes end up in the Family Court.
Traveling internationally with your children can be a rewarding experience, but when it comes to children from separated families, some careful planning is required.
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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.
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.
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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”.
Parties to an application for spousal maintenance in Perth / Western Australia need to [...]
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Written by Alex Mondia and Amy Baltzer. Social media is intertwined with our daily [...]
When a marriage ends in divorce, one of the most complex and emotionally charged [...]
When a marriage or de-facto relationship comes to an end, one of the most [...]
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As couples plan their dream wedding, it's crucial to have open and honest conversations [...]
When it comes to separating or divorcing in Australia, the division of property can [...]
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Navigating the complexities of a relationship breakdown can be emotionally and financially challenging. Binding [...]
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Going through a divorce can be an emotionally turbulent time, and the decision to [...]
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After a separation or divorce, one key question that often arises is whether an [...]
Amid the turmoil of a separation, divorce, or leaving a shared living situation, retrieving [...]
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Section 106B of the Family Law Act 1975 is a critical provision designed to [...]
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When a marriage breaks up or de facto couple’s relationship ends, the date upon [...]
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After a separation, reaching a fair property settlement can often be a complex process, [...]
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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.
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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.
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Demographically, Australia is experiencing significant intergenerational wealth transfers and will continue to do so for some time.
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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).
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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.
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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.
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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.
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In today's interconnected world, individuals are increasingly transcending borders, pursuing education, careers, and relationships across continents. Global mobility brings with it a unique set of challenges, particularly when it comes to planning for the financial future of a de-facto relationship or marriage in the event of separation.
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Major amendments to the Family Law Act 1975 (“the Act”) were passed by the Commonwealth Parliament on 19 October 2023 (“the Amendments”). The Amendments have not yet come into effect but are expected to roll out imminently.
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Trusts can be a powerful tool for preserving and distributing family wealth. The Owies Family Trust, with its generous asset base and complex beneficiary structure, appeared to be a model of financial planning. However, the estrangement of key family members in 2011 set off a chain of events that challenged the very essence of trust law.
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Handy Hints about family law. Find links here to useful information. [...]
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Common questions answered about family law. Find links here to useful information. [...]
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It’s not unusual for parties who have separated to make their own private parenting arrangements in relation to their child. Private parenting arrangements are an attractive option because they are cost effective and relatively easy to produce. They may also be less emotionally intensive than dealing with the formal legal system.
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For parties to a marriage who have made the decision to separate, there are a number of conditions that must be met in order to establish separation.
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Andrew Davies examines the tensions that can arise between administrative tribunals and family courts in incapacity matters.
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The unique role played by an Independent Children’s Lawyer (“ICL”) (particularly when both parents are self-represented), and the ongoing developments in information sharing protocols between agencies, appear to have contributed to some confusion as to the obligations on ICLs to keep confidential information which they obtain in that role.
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There is a distinction between Family Reports and Expert Reports in Family Law proceedings.
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Family members commonly help out their adult children or grandchildren through the provision of financial assistance, and this is likely to continue during fraught economic times.
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When the Court has made a parenting order, there are certain criteria the Court must consider before deciding to make any changes.
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Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party under s.79(8) of the Family Law Act 1975.
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J and S are happily married. They each sign a Will that benefits the other. They also enter into an Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG) appointing each other to these important positions. All is good on the home front! What could possibly go wrong?
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In the matter of Jabour, the Full Court of the Family Court of Australia dealt with property settlement orders made by the trial judge. The trial judge had divided the net non-superannuation assets 66% to the husband and 34% to the wife. The Full Court reassessed the division as 53% to the husband and 47% to the wife.
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The answer is simple, the Family Court has no jurisdiction to do anything when both parties pass away during Family Court property proceedings other than strike out the application.
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Family law clients can develop situational mental health conditions because of the breakdown of their de facto relationship or marriage. In some cases, family law clients may have pre-existing health (including mental health) conditions that affect their ability to conduct their family law case. In both circumstances, it may be appropriate for a Case Guardian to be appointed to act on behalf of a person in a family law case.
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It is not unusual for family members to give money to their children or to enter into informal loans with them. However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.
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While it is well known that child support payments are mostly dealt with through Services Australia (the Child Support Agency), many parents are unaware that they have the option of entering into their own, tailored agreement about the expenses for their children.
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It is not unusual for family members to give money to their children or to enter into informal loans with them. However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.
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It is not unusual for family members to give money to their children or to enter into informal loans with them. However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.
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18 is the magic age where a person can decide their own arrangements. Where a child is younger than 18, their age is only one aspect for consideration.
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It is not unusual for family members to give money to their children or to enter into informal loans with them. However, when that child separates from their partner, the characterisation of those funds can have a major impact on the asset division.
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While it is well known that child support payments are mostly dealt with through Services Australia (the Child Support Agency), many parents are unaware that they have the option of entering into their own, tailored agreement about the expenses for their children.
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Pre-nuptial Agreements, Cohabitation Agreements and Binding Financial Arrangements are more accurately (in a legal sense) known as Financial Agreements.
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Parenting orders are orders made by Courts that addresses with whom a child lives, communicates and spends time. Other terms used to describe this are ‘custody’ ‘contact’ and ‘access’ to children.
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On 7 October 2021 the High Court of Australia handed down an important decision on the issue of apprehension of judicial bias.
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On 1 September 2021, the Federal Circuit Court of Australia and the Family Court of Australia officially became the Federal Circuit and Family Court of Australia (FCFCOA).
If you are married, despite common misconceptions, you do not have to wait until [...]
If your former de-facto partner or spouse passes away after you commence property proceedings in the Family Court, in certain circumstances those proceedings can continue with the deceased party’s “personal legal representative” being substituted in to the place of the deceased in the proceedings.
If you have received an inheritance late in the relationship or even after the relationship ends, but before your family law financial settlement, the inheritance is not automatically ‘excluded’ from the asset pool.
The pandemic, self-isolation, quarantine or lock down do not stop your Family Court matter progressing. So even though you may be cooped up at home, your obligation to provide relevant disclosure is an ongoing requirement.
Victims of family violence can apply for restraining orders online under new laws introduced during the COVID-19 pandemic.
If your partner or spouse will not move out of the home, and you cannot resolve this by way of dispute resolution, it is possible to seek an Order from the Court for occupation of the home to your partner or spouse’s exclusion.
Spousal maintenance or de facto partner maintenance is not automatic and there is no one size fits all calculation available.
If your relationship with your spouse or partner is in trouble, then you need to collate and check any documents you might have signed favouring that person during the relationship.
The duty of disclosure is onerous and can be, at times, overwhelming, especially for the party who has controlled or managed the finances throughout the marriage or relationship.
Arbitration is an alternative way to resolve property disputes outside of the family court.
It is not unheard of for property matters to be resolved save for the retention of a family pet. If the parties cannot agree, what can the Court do?
When financial orders are made by the Family Court on a final basis, an individual can only apply to vary or set aside them under certain circumstances.
In Australia and under the Family Law Act, former spouses must file an application about property settlement or spousal maintenance (or both) within 12 months of their divorce Order becoming final.
It is important to know the value of assets when making a decision about your financial settlement.
Separation is when one party tells the other that it is over. This can be done face to face or in writing. It does not have to be agreed.
If one of your major assets is superannuation and your spouse is close to retirement age, it is possible to apply to the Court to make an order to flag superannuation.
In parenting matters parties are required to attempt Family Dispute Resolution before making an application to the Court for orders.
When relationships come to an end, it is a common situation to find that one or both partners have been unfaithful to the other. Irrespective of whether there was “cheating” in the relationship, in the eyes of the Court, this does not matter.
By pressing 55 when calling 000, a person can request emergency help to their address without saying a word.
Do you need to collect personal belongings from your former home after a Family Violence Restraining Order has been made?
Unfortunately the current pandemic has placed financial strain on many people and the increased pressure of being isolated and/or in lockdown has led to an increase in family violence throughout Australia.
There are a number of child contact services in Perth that provide a variety of additional services on top of supervised handovers and visits.
You may find a situation where you and your former partner wish to alter your parenting orders.
When parties have shared parental responsibility in accordance with an order, they are required to make decisions jointly in relation to major long term issues of the child/children.
Everyone wants to protect their children at separation, however, when emotions are heightened, the last thing on some parents’ minds is “whatever I do, or say and how I react has to be in the best interest of the children”.
If you are on relatively “good” terms with your spouse, consider whether a parenting plan is the best way to codify any agreements about your children.
An administrative child support assessment can be altered by the Registrar to take into account particular special circumstances.
Expecting mothers can apply to the Family Court to have the father of their unborn child provide financial support.
Handy hints to protect your firm when working remotely (cont.)
It is important to again consider the consequences of working from home in terms of systems access and access to internal IT infrastructure.
If you find a formal document where you think your signature has been forged, or if there is handwriting on a document and its source is important for proving an issue, then you’ll need engage forensic handwriting specialists.
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Guests of O’Sullivan Davies Lawyers at the latest OSD Presents event were given valuable insight into Bitcoin and blockchain technology.
