It can be quite nerve-racking and overwhelming attending your first appointment with a Family Lawyer.     So, what should you bring with you to your first appointment?   If you have time to gather some information and documents prior to your meeting, that can greatly assist a Family Lawyer to provide you with tailored legal advice. This will avoid wasting your time, and your money, as most Family Lawyers charge by the hour.   Some helpful documents which you can bring with you to your first appointment include:  A list of any questions that you may have about you ..read more

There are many factors which the Court must consider when determining if it is just and equitable to divide the assets, liabilities and superannuation entitlements of married or de facto couples.   When considering how to divide assets, liabilities and superannuation, the Court must consider the following factors:   1. The contributions made towards the relationship by the parties, as follows: a. Initial Contributions, that is, what did each of the parties own when they started living together? b. Contributions made during the relationship. These fall into the following categories: i ..read more

During financial proceedings before the Family Court, each party has a duty to disclose documents, evidencing their financial position so that a family law property settlement can be negotiated. It is likely that you will have to exchange and come into possession of your former partner’s bank account and credit card statements, taxation returns, pay slips and superannuation statements.     In addition, when parties have financial proceedings before the Family Court, they are required to file a document called a Form 13 Financial Statement. Sometimes, the information provided by ..read more

Tip 1 – Make time for “date night”, or if you have kids, “Family Fun Day”    One of the most common complaints that we hear from separating couples where one of them works FIFO is that time was never made for “me or the kids”.    Even where you have children, it’s important that you make time for your partner – one on one without the kids  – to make sure your relationship stays healthy. Often when kids come along, the focus shifts to the routine of family life rather than your partner and your relationship.    Tip 2 – Have joint bank accounts    If ..read more

Scenario:    You’ve had a bad day in the Family Court and you want to vent your frustrations and let everyone know. Can you go to your private Facebook page and make a post about your ex-partner or their Family Lawyer to your Facebook friends?     Answer:    The short answer is you can do that, but it depends on the type of information you include in your Facebook post. As Family Lawyers, we recommend that you resist the urge to do it all, as it may reflect poorly on you in the future.     If there are no proceedings before the Family Court, th ..read more

If you have recently separated from your former partner and they have moved out, you will often continue to receive their personal mail, which may include documents such as bank account statement, superannuation information or credit offers.    Many people are tempted to open mail which is addressed to their former partner, but you should avoid doing this because it is a federal offence to open mail that is not addressed to you.   Under the Criminal Code Act 1995, it is an offence to intentionally open another person’s mail. If you intentionally open someone else’s mail, then yo ..read more

It is illegal to record any person – either by audio or with a camera.    Many people think that recording their interactions with their former spouse, or their children, makes for great evidence in Court, but this is simply untrue.    In Western Australia, section 5 of the Surveillance Devices Act 1998 (WA) prohibits a person from installing, using, maintaining, or causing to be installed, used or maintained a listening device to:    Record, monitor or listen to a private conversation to which that person is not a party; or   To record a conversation to w ..read more

Often the primary concern for a parent is, “How will our break-up affect the kids?”.     The way in which you and your former partner choose to conduct yourselves following your separation, can shape the way your children feel about parenthood and relationships in the future.    Early legal advice from a Family Lawyer can be invaluable to ensure that you are aware of your options, but also know you are doing the right thing by your children, so that they can have a relationship with both parents.   TIP 1:    It is almost a certainty that your children wi ..read more

If you have agreed or been ordered by the Court, to attend Alternative Dispute Resolution, which is a form of Mediation, you may be wondering what happens.     A Mediation can be held to resolve care arrangements for your children, a property dispute or both.     Mediation can last anywhere between 3 hours and a full day. As such, you should arrange to take a day of annual leave from your employment and arrange for a family member or friend to collect the children from school.     To attend Mediation, you will need to agree to appoint an independent medi ..read more

Quite often, parents will reach an agreement for the care arrangements for their children, without the need to go to Court.    If you and your former spouse reach an agreement regarding the arrangements for your children and you would like that put in writing so the arrangements are clear for both parents, you might consider:  A Parenting Plan; or  A Form 11 Application for Consent Orders (“Form 11”) and a Minute, which will become Court Orders.     A Parenting Plan is more informal than Court Orders and sets out how parents will care for the children of ..read more