There are many sources for information about your legal rights following separation. Well-meaning relatives, friends and some lawyers whose specialty is not family law may give you advice about your issues. However, problems arise because the law and procedure can be complicated and your friends’ solutions are unlikely to have factored in your unique situation.
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Increasingly, actual or would-be litigants in the family court are choosing to record conversations as a means of collecting evidence against the other person. As smartphones are small and easily hidden, these recordings are occurring secretly, without one party knowing what is happening. What litigants in Western Australia don't always realise is that, in recording one another, they could potentially be committing a crime.
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Sexually transmitted debt is when you become liable for your partner’s debt as a result of the breakdown of your marriage or de-facto relationship, rather than a conscious knowledge or acceptance of the debt.
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In Australia, Individuals wanting a divorce are no longer required to prove their ex-partner has committed a matrimonial offence. Much to the disappointment of those whose relationships have ended as a result of a spouses’ wandering eye…infidelity does not impact the share of property you are entitled to receive.
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It is a common misconception that two people need to be physically living together on a full time basis for two years before they are deemed to be a de facto relationship.
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For separated families, the festive season is often a hard time because it changes an occasion that brought their family together to an occasion which highlights that the family is now apart.
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The government has recently proposed a number of changes which affect victims of family violence.
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Western Australian de facto couples are presently the only group of people in Australia who are unable to split their superannuation entitlements following the breakdown of their relationship. As a result, for WA de facto partners, superannuation is not included in the asset pool available for division.
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Family lawyers are often asked about the share of property a party will be entitled to at the end of a short relationship, especially where one party has substantial assets at the start and makes overwhelming financial contributions.
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We often have clients who attend their first appointment concerned about what it means to have instructed a divorce lawyer. It is a common misconception amongst people that when you instruct a divorce lawyer you have reached a point of no return and it is now “game on”.
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