For the 120,000 Australian couples who say “I do” each year, their intention always was to honour those vows. Unfortunately, many marriages do not turn out that way with just under 50,000 divorces granted annually.
Some of the most common questions clients ask are; When can I get divorced? How long do I have to be separated? Do I have to give reasons for our separation? When can we settle up children and financial matters?
Divorce
There is only one ground for divorce in Australia and that is irretrievable breakdown of the marriage. The evidence for irretrievable break down of marriage is 12 months separation. But one of the parties must tell the other that the marriage is over- then the 12 months separation commences. In certain circumstances it is possible to be legally separated while living under the same roof.
There are all sorts of reasons why a couple may come to the view that their differences are irreconcilable. Leach Legal are expert separation and divorce lawyers – but we are not marriage counsellors. We encourage anyone experiencing relationship difficulties to explore every opportunity for reconciliation before you take the very serious step of separation and divorce.
Your marriage vows committed you to remain together “in sickness and in health”. When differences arise, and before they become irreconcilable, you should make every effort to change undesirable behaviour. Unfortunately, it is also the reality that some couples simply grow apart through no particular fault of either of them, but sometimes in the end long term happiness may depend on parting ways.
Communication is the bedrock of any relationship. Disagreements happen in every household, but a fundamental communication breakdown is more serious. Often it is not signalled by yelling matches, but by an absence of any communication at all – or worse, deliberate deceit.
If you have been a victim of domestic abuse, we urge you to seek safety and support immediately and legal advice as soon as possible. When you are in a position to take legal action against an abusive spouse, Leach Legal can help.
Resolve Child and Financial Matters
You can settle up financial and child matters any time after you separate – you do not have to wait until you are divorced. As divorce lawyers it is our job to help West Australian couples reach a mutual agreement on division of assets, arrangements for children, such as with whom they will live, what time they will spend with the other party, and what financial support is to be paid for them. We are experienced in negotiating settlements and outcomes in financial and child matters and helping clients reach a resolution through negotiation or mediation and, ultimately if all else fails, provide advice and representation in the Family Court .
Counselling
To leave an unhappy marriage requires more than a modicum of bravery. There are many resources available for couples to confront and address problems in their marriage and to rekindle the reasons for agreeing ‘til death do us part.
When Counselling does not work
Leach Legal’s team of highly experienced Family Lawyers can guide you through the next step to finalise your divorce. Contact our team to get started with a free 15-minute telephone consultation.
The post Would You Really Be Happier Without Your Partner? appeared first on Leach Legal.

A 2018 survey showed that more than 50% of Western Australian adults do not have a Will.
If you die without a Will, you have died ‘intestate’. The law provides for your estate to be divided in a certain way when you die intestate. Your estate is divided between your spouse and children (if you have them) in certain proportions. If you do not have a spouse or children, your estate is divided between distant relatives. Dying intestate prevents you from disposing of your estate as you wish.
This is something Leach Legal want to help you avoid. Preparing a valid Will (and avoiding intestacy) means your final wishes and instructions are safeguarded after you are gone.
A Will can cover everything from assets, to care of your children, charitable donations and even instructions for your funeral.
Asset Division
Your assets may include houses and land, shares, business investments, savings accounts cars, boats, industrial and jewellery.
It is also important to understand and deal with assets held in family trusts and understand how testamentary trusts can be part of a prudent estate plan.
Don’t overlook items of emotional value; cherished heirlooms and meaningful personal belongings should also be included in your Will.
Guardianship of Children
Your will should ensure your kids are looked after according to your wishes. Although you may have a verbal understanding that a sibling, close friend or relative will look after your children, a Will makes those instructions clear.
Trusts and Streaming
An experienced Perth Will lawyer can help you increase the value of the inheritance you leave for your beneficiaries.
Read our in-depth guide to learn more about upgrading to a smarter Will.
Donations and Bequests
Many charitable organisations depend on bequests and gifts from Wills. This is your opportunity to create the legacy you want to leave behind for your preferred charities; for example establishing your own charitable trust.
Funeral Instructions
Funerals are a very personal thing. Your Will can include instructions and financial allocations for the funeral service to make sure your life is memorialised in the most fitting way.
Executor
Who is responsible for ensuring your final wishes are carried out? The role of executor is an honour, but also a responsibility. Consider carefully who has the capacity in terms of time, legal knowledge and commitment to carry out your wishes.
How a Perth Will lawyer can Help
Wills are an essential part of a broader estate plan, which also includes superannuation death nominations, powers of attorney, enduring powers of attorney, enduring powers of guardianship, testamentary trust arrangements and more.
Elizabeth O’Sullivan is a highly experienced Perth Will lawyer who has been with Leach Legal since the very beginning. Elizabeth advises and drafts all kinds of Wills, as well as offering complete estate planning services.

The post Will Writing and What You Need to Consider appeared first on Leach Legal.

When it comes to the difficult question of divorce, most people don’t know where to start or how the process works. Here we take a look at the divorce process and some of the issues you need to consider.
When to divorce?
This is a personal decision, driven by your own requirements and situation. The only condition is that you must have been separated for at least 12 months. If you’ve been married for under two years, you’ll also need to show the court that you’ve considered reconciliation and undertaken counselling.
It’s vital to understand that the settlement of any property of the marriage is separate to the divorce process. Note that time limits apply – if you apply for a divorce immediately after the 12 months separation, you must deal with the property settlement within one year of the divorce. If you don’t, you’ll no longer be able to bring proceedings against the other party to deal with the property of the marriage without obtaining leave of the Family Court, which may not be granted
 The Divorce Process
The divorce process consists of two steps – the application and the hearing:

The Divorce Application

You must apply to the Court – individually or jointly – for a divorce order and pay the required fee. You can apply in person or online through the Commonwealth Courts Portal. A hearing will then be scheduled.

The Divorce Hearing

Depending on the circumstances of your specific case, you may or may not be required to attend the divorce hearing. If you’ve filed a joint application, or if there are no minor children, attendance is not required.
However, if you’ve applied individually, you must serve the documents on the other party, receive a confirmation from them, and file an affidavit of service and an affidavit proving the spouse’s signature. These requirements also apply if there are children under the age of 18, in which case you will be required to attend the hearing.,
Where an individual application is filed, the other party may file a response to request changes, to point out errors of fact, or to object to the divorce. They are still not required to attend the hearing.
At the hearing, the judge will make enquiries about the divorce application and ensure there are proper arrangements for children . The parties will then be asked to confirm they wish to proceed with the divorce and the order will be made.
There is no doubt that divorce is a complicated and frustrating process. The guidance and support of an experienced divorce and separation lawyer can help you to manage this difficult and distressing time. With over 15 years’ experience as divorce lawyers in Perth, Leach Legal is here to help.
We invite you to review the online resources on this website, such as the  First Steps Guide and the Separation Checklist, then take the first steps towards peace of mind and book a free 15 minute consultation online.
 
 
The post What is The Process of Getting a Divorce? appeared first on Leach Legal.

There’s no doubt that family breakups are very high on the list of the most stressful and painful experiences any family has to confront. Family law is a specialised and highly complex area of the law so it’s vital to make sure you are supported by an experienced specialist family lawyer.
One of the first things you’ll need to understand is the distinction between a legal separation and a divorce. In this brief article we introduce you to just some of the important aspects of both.
Separation
Under Australian family law, separation is the act of ending a marriage or de facto relationship. Put simply, a couple is separated when they no longer live together as a couple. A separation may be initiated by one or both spouses and it is also possible to be separated under one roof, subject to certain criteria. There is no requirement to register a separation. It’s important to consult your Family Lawyer to get the right advice for your specific situation.
Separation requires no legal processes or documentation, but you may need to inform agencies such as Medicare or Centrelink.
Divorce
Divorce is the formal legal ending of a marriage and often follows on from a separation. To obtain a divorce, you must have been separated for at least 12 months to prove your marriage has ‘irretrievably broken down’. Your separation will be assessed based upon the facts of your particular situation. The question of who is at fault for the marriage breakdown is not considered under Australian family law.
Separated couples do not have to divorce, but you should consult a divorce lawyer to understand the legal implications of remaining married. It’s also important to understand that divorce is separate and distinct from property settlement and parenting arrangements after the breakdown of a marriage.
Your decision – Legal Separation or Divorce?
Which path you choose is very much a personal decision, driven by your family’s particular circumstances. Couples may elect to formalise their property settlement and parenting arrangements  but remain married in the eyes of the law.   If you do this then you are not able to remarry.The best choice for you may be influenced by a number of factors, from financial or taxation considerations, to what is happening with the family home and on to matters of religion. Your family lawyer will guide you through the pros and cons of the many factors you need to consider. With a track record of fifteen years as family lawyers supporting Perth families, Leach Legal is here to guide you through this complicated process.
The Leach Legal website includes a range of valuable resources designed to help start your thinking about the elements of the separation or divorce process, including our  Marriage, Families and Separation brochure and a First Steps Guide.
Need to know more? We’re here to help. Book a free fifteen minute consultation online
The post What is the Difference Between Legal Separation and Divorce appeared first on Leach Legal.

Going through a divorce is tough, even when both spouses agree to end the marriage.
However it is not unheard of for one partner to disagree or try to avoid signing paperwork that makes the divorce official.
Given that 48.8% of divorces in Western Australia involve children, it is important for a divorcing couple to maintain civility even if their relationship is beyond repair.
So what can you do when your ex-spouse is refusing to sign divorce papers?
What the law says
Australian Law has the principle of no-fault divorce. That means the Court does not consider why the marriage ended, only that the marriage has irretrievably broken down.
Your divorce application must satisfy a few requirements:

You have been separated for at least 12 months
There is no reasonable chance of repairing the marriage

It is not necessary for both partners to agree on getting divorced. Divorce applications can be filed with the Court as sole or joint submissions.
Keep in mind the Court will not issue a divorce order until is satisfied your ex knows about the application.
Can a divorce application be rejected?
A Perth divorce lawyer can help sole applicants going through a divorce to serve former partners with a copy of the application after it has been filed.
If they decide to formally object, there are only two grounds for doing so:

You have not been separated for 12 months
The Court does not have jurisdiction to grant a divorce

What happens next?
Going through a divorce is tumultuous, but as experienced Perth divorce lawyers we’re here to help.
After your divorce application is accepted the Court will set a hearing date. Sole applicants with children from the marriage under 18 must attend this hearing in person to demonstrate proper arrangements have been made for the children.
A divorce application will not sort out the details of property, child arrangements, or finances. It’s up to you and your lawyer to work with your ex-spouse’s lawyer if you cannot reach a mutual agreement alone.
If you’re going through a challenging divorce, Leach Legal can help. Our Perth divorce lawyers have helped thousands of couples reach a fair and, wherever possible, amicable conclusion to a marriage.
Schedule a free 15-minute consultation to discuss your options with our highly experienced team.
The post What to do When Your Spouse Won’t Agree to a Divorce appeared first on Leach Legal.

When things at home get turbulent, it might be time to hire a lawyer who can help. Family lawyers in Perth help clients navigate the legal system in a wide variety of situations.
If you already know you need a lawyer, or are seeking advice on whether contacting a family lawyer is the best course of action for you, we can help.
What a Perth Family Lawyer Does
In Perth, family lawyers are specialists in areas of law relating to relationships, children, families, and marriage:

Divorce and separation
Domestic violence
De Facto relationships
BFAs (prenuptial agreements)
Child support and custody
Adoption and surrogacy
Wills and estates
Preliminary advice to decide if you need a family law lawyer

You don’t have to be embroiled in a court case to need a lawyer. In fact, much of the work we do helps families and couples resolve problems before they are escalated to the Courts.
So how do you choose the right Perth family lawyer?
How to Find a Family Law Lawyer in Perth
Step 1: Recommendations
Remember, whatever you are going through at home you are not alone. Reach out to find support and recommendations for a Perth family lawyer.
Step 2: Initial meeting
Schedule consultations with a few lawyers to narrow your decision. From this first meeting you should be looking for:

A clear understanding of the law relating to your case
Personal advice on the best course of action
Confidence in their knowledge and experience
Assurance the lawyer has time and resources to dedicate to you
An initial opinion on the likely outcomes
Cost indications

Step 3: Engage a firm
When you’ve found the right Perth family lawyer for you, it’s time to work with them on next steps. Your lawyer will help you decide what’s best in this stage; whether to pursue legal action, try to resolve the issues, or progress to the Courts.
Leach Legal: Trusted Perth Family Lawyers
Leach Legal are the largest family law firm in Perth. We help clients navigate the complex legal frameworks of family life, and support those going through difficult periods.
Schedule a free 15-minute consultation with our highly experienced Perth family lawyers today, for tailored advice on what to do tomorrow.
The post How to Hire a Family Law Lawyer appeared first on Leach Legal.

At Leach Legal we take a firm stance that all forms of domestic violence are unacceptable.
Our Perth family law firm is dedicated to helping domestic abuse survivors navigate the often-intimidating Court system after separating from an abusive partner. We act for both men and women who have experienced domestic abuse.
An experienced domestic violence lawyer can help protect you and your family by obtaining a FVRO against your ex-partner, as well as working through the steps for a legal separation.
What is a VRO?
A Family Violence Restraining Order (FVRO) prevents a person (Respondent) from communicating with, being in the presence of, living, or working with another person (the Applicant).
FVROs can be issued when:

The Respondent has committed an act of domestic abuse or threatened to so
Unless restrained, the Respondent is likely to continue to be abusive
The Applicant reasonably fears they are in danger of domestic abuse

FVROs can be temporary or final. When domestic abuse occurs or is likely, a temporary FVRO can be issued by a Magistrate or Justice of the Peace without the other person present.
Final FVROs can only be ordered by a Magistrate after a hearing involving the Respondent. These orders usually last for two years and are issued based on a combination of evidence and the Court hearing.
The Perth family law firm on your side
In domestic violence cases it is important the survivor is supported and protected.
Leach Legal are Perth’s trusted family lawyers, helping victims of abuse access the appropriate legal services to live without fear.
Schedule a free and completely confidential introductory consultation with Leach Legal to learn more about your options.
The post Where to Turn After Domestic Violence appeared first on Leach Legal.

Family law is a highly specialised field of legal practice most commonly dealing with divorce, separation and child custody cases.
A skilled specialist family lawyer is also equipped to handle financial agreements, adoption, domestic violence, property settlements and more.
Your lawyer should not only represent you with the utmost professionalism, but also be a confidant and supporter during an emotionally stressful process.
If you want the highest calibre family lawyer in your corner, there are a few things to look for:
Specialised
While it can be tempting to ask a solicitor friend for help, it’s essential to seek out a specialist family lawyer with experience in matters like yours. Ask for recent examples and outcomes in similar situations, of course understanding the need for client confidentiality.
Accredited
It is essential you are represented by a family lawyer accredited by the Law Society of Western Australia. The processes, frameworks and precedents in Western Australia differ to other states in subtle, but important, ways.
Reputable
We live in a small city; word of mouth should be considered in your search for a Perth family law firm. If you are not comfortable asking friends for advice on personal issues, online reviews and client testimonials can be a good way to establish a firm’s reputation.
Personable
Family lawyers deal with sensitive and emotionally laden situations. It is important you trust your lawyer to have your best interests in mind while remaining professional and agreeable during negotiations that will affect your future.
Leach Legal: Perth’s trusted family law firm
Not all family law firms in Perth are the same. When looking for a lawyer to help you through a divorce, separation or other family law matter it pays to ask people you know for a recommendation and scrutinise a firm’s track record.
At Leach Legal, our reputation as Perth’s best specialist family law firm is built on more than 15 years’ experience helping West Aussies navigate the daunting family law process.
Schedule a free 15-minute consultation to discuss your requirements and find out how our experienced, accredited family lawyers can help.
The post Family Lawyers: Who’s Right For You? appeared first on Leach Legal.

Separation proceedings are complicated, often with a lot of emotion weighing into agreements about asset division and financial transactions.
As divorce lawyers in Perth we see every day how emotion can interfere with practical financial solutions. It is therefore our job to be in your corner fighting for what is fair and reasonable.
Otherwise divorce expenses can quickly add up, mounting added stress on an already difficult situation.
Separation as a financial transaction
At Leach Legal, we understand separation is not easy.
You already have so many things to consider; your children’s best interests, your financial future, transitioning to a new life, dealing with the emotional weight of divorce and at times seeing your ex with a new partner.
Our experienced divorce lawyers lessen the burden by representing you, without letting emotion interfere with the complex negotiations and financial transactions of separating.
We’re not robots; we are here to support you and will offer whatever support possible.
However, removing emotion from the process when dividing property is key to a smooth separation.
Divorce expenses you can expect
Every relationship is different, which means no two financial separations are the same. Divorce expenses vary in all cases however there are some key considerations when dividing assets:

Capital gains tax from financial gains when an asset is sold
Stamp duty when transferring assets (which can be waived in most circumstances with a Court order or Financial Agreement)
Bank fees such as early loan exit fees
Legal fees for us to fight for your entitlements
Ongoing child support payments
Rental or relocation costs if leaving the family home

Don’t panic: our Perth divorce lawyers will clearly explain all your financial likely outcomes and entitlements as we work through the separation process with you.
To understand your financial position in case of separation, book a free 15-minute consultation with Leach Legal. Our team will help you avoid a costly divorce and take some of the stress off our shoulders.
The post The Finances of Divorce appeared first on Leach Legal.

When a relationship breaks down there are a lot of loose ends. There’s living arrangements, child support and parenting arrangements, and of course the division of property and assets. Property and financial lawyers in Perth can help separating couples negotiate the muddy waters of “who gets what”.
Even the friendliest separations require a proper settlement, and for difficult separations the process ensures a fair split when the couple cannot agree.
What is a property settlement?
Property and financial settlements divide up property owned or controlled, independently or jointly, by couples when their relationship ends.
The result is a fair and equitable division of assets and liabilities.
Sometimes the agreement is reached by the separating couple and finalised by their family lawyers. Other times the process is fraught and the Family Court steps in, applying tests to decide how property is split.
We previously wrote about common misconceptions in property divisions which you can read here.
Although they require a Family Court application, settlements are normally negotiated without the need for a trial.
At Leach Legal, our property and financial settlement lawyers will outline your options including negotiated settlements, arbitration, mediation, and Court proceedings.
What is included
In the sense of a relationship “property” refers to assets, including superannuation, financial holdings, and liabilities under ownership or control of one or both parties.
If that sounds confusing, it’s because it can be.
Below is a list of common examples. Our Perth property and financial lawyers can go through your assets with you for a better understanding of your legal standing.
Assets

Family home
Rental properties and holiday homes
Commercial property
Superannuation
Bank accounts
Share portfolio
Interest in businesses
Trust entitlements
Vehicles including boats, jet-skis etc.
Antiques and artwork
Jewellery

Liabilities

Mortgage
Car loan
Business-related debt
Credit card debt

Leach Legal can help you understand your position by liaising with your advisors or connecting you to a network of professionals such as property valuers, forensic accountants, brokers and financial planners.
Married or De Facto: What’s the difference?
Our property and financial settlement lawyers are Perth’s experts in married and de facto settlements.
In Australia, the Family Law Act 1975 (Cth) governs property settlements for married couples.
Unlike other states the Family Court Act 1997 (WA) governs property (and therefore settlements) for de facto couples in WA.
Either party in a married couple has 12 months from the date of divorce (not separation) to apply for a property settlement. De facto couples have 24 months from the separation date to apply.
Past that time there are exceptional cases where a settlement will be granted.
Remember the Court looks at the date proceedings are dealt with and not the separation date, meaning changes to the asset pool after separation (such as property valuations, dividends or inheritances, or new debts) up until settlement or hearing are included in the division.
What is the first step?
Settlement action should be commenced as soon as possible after the separation; however, it is important not to rush into an agreement.
Getting legal advice early will help you understand your entitlements and obligations to negotiate with confidence.
Leach Legal are here to help you, starting with a free 15-minute consultation with our Perth property and financial lawyers.
Separations are stressful. With Leach Legal on your side, you can rest assured you will be moving on with your life in the best position possible.
The post Going through divorce? How property and financial settlement lawyers in Perth can help you. appeared first on Leach Legal.

Going through a divorce or separation? Here is how a child custody lawyer in Perth can help you.
We know it can be difficult for ex-partners to find common ground when it comes to major decisions.
Your child’s best interests should be your top priority. Leach Legal are here to help, providing advice and support that secures your child’s future, and your own.
Child support arrangements
Both parents have a responsibility to financially support their child. There are two kinds of Child Support Agreements:

Binding Agreement: Requires both parties to seek independent legal advice.
Limited Agreement: Does not require legal advice but does have an expiration date.

Informal agreements are common but can impact Centrelink payments, so we recommend seeking legal advice to ensure your child is properly provided for.
If you are caring for a child and are worried the other parent may not pay, our child support lawyers can talk you through the available options.
Education
The Family Law Act 1975 outlines a presumption of “shared parental responsibility” for major parenting decisions.
This means decisions around enrolments, changing schools, and behavioural issues like expulsions, should be made together with your ex-partner.
However, it is not the school’s responsibility to do the Court’s job by checking both parents were involved in the decision.
For example, schools can accept an enrolment form with only one parent’s signature; although that parent is then responsible for school fees and communication.
Our child custody lawyers help Perth parents to reach agreement based on the child’s best interests.
How our child custody lawyers can help
Leach Legal are expert child custody lawyers in Perth, helping separated parents (including same-sex couples) find the best decision for their child.
If we need to, Leach Legal can recommend an experienced mediator and assist with developing a parenting plan or Consent Orders.
A formal Consent Order (Form 11) is filed in the Family Court and provides a Court enforceable order.
For advice relevant to your specific situation, claim your free 15-minute consultation with our experienced family lawyers.
The post Children and Education appeared first on Leach Legal.

In December 2017, Australia became the 26th country to legalise same-sex nuptials with an amendment to the Marriage Act 1961 that redefined marriage as non-gender specific.
Since then, same-sex couples have been recognised as married under the Family Law Act 1975. This includes “pre-commencement” couples married overseas before the legislation changed.
In the short time since the amendment, our Perth family lawyers have caught up on the implications of the amendment so we can help couples understand their rights and responsibilities.
Marriage and Divorce
Second marriage
Some people who were married and later separated overseas may decide to remarry their new partner.
Under the Marriage Act, a second marriage is nullified if one of the parties to the second marriage was never formally divorced, regardless if they separated before Australia recognised the first marriage.
This means the second marriage will be treated as a de facto relationship instead of receiving the full marriage provisions under the Family Law Act.
Separation and divorce
Same-sex and different sex couples now have equal access to the divorce system in Australia.
So long as a couple has been separated for more than 12 months (including before December 2017) and can demonstrate the marriage has “broken down irretrievably”, a Perth family law firm can help the couple work through the separation.
Property proceedings
Before the amendments, same-sex couples who separated could apply for property settlements providing they met the criteria for a de facto relationship.
With the change in 2017, same-sex couples who have married have the same legal protection as different-sex couples under the Family Law Act, including pre and post-nuptial Binding Financial Agreements.
For personalised advice and more information on how the Marriage Act amendments impact you, contact Leach Legal to arrange a free 15-minute consultation.
The post Same-sex marriage and how it changes family law proceedings appeared first on Leach Legal.

Separations are emotionally and physically draining at the best of times.
When children are involved things can get more complicated; not only do you need to look out for yourself during the difficult transition but also your child.
Both before and after separation it is important to be mindful of how the separation is affecting your children and to ensure that you always act in their best interests; just like your family lawyer is acting in yours.
You and your ex-partner can still co-parent to raise a healthy, well-adjusted person without being together.
Positive communication
The language you use both with and about your ex-partner is not lost on your children. As family lawyers we know the power of positive, respectful language during a separation:

If you referred to your ex as “mummy/daddy” to the children before the separation, you should continue to do so afterwards
Sit together, and jointly explain to the children that you both love them very much, and reassure them that the are in no way responsible for your separation. Reiterate this when you are on your own with the children
Regularly check in to see how your children are feeling
Always keep your tone and words respectful and positive when talking about your ex. Be very mindful when the children might be able to overhear you talking to or about your ex
If your ex has a new partner, avoid talking about them negatively

Children notice the nuanced negative changes. Refrain from using children to gather information on your ex’s new life, or in any way using the children as leverage in an argument.
Maintaining mutual respect in a relationship breakdown is crucial for your child’s welfare.
Keep calm and in control
Separations can unfortunately get nasty. Voicing your frustrations to your children will have a negative effect on the way they deal with the separation and can even affect the way they form their own adult relationships in the future. Instead, speak to a friend, counsellor, or your family lawyer.
Social media is equally fraught. If your children are not already online, they soon will be. Before you take to social media to vent, remember what you post can never be completely erased. There may also be serious legal ramifications for you.
And finally, it is a common trap to fall into competition with your ex-partner. This only leads to the children feeling used or developing a skewed value system. Try to reinforce your love for the children in emotionally healthy ways.
Support for you
Just like you and your ex are your children’s best support network throughout the separation, Leach Legal are the family law solicitors working for your best interests. Contact us to find out how we can support you, starting with a free 15-minute consultation.
 
The post Positive Parenting Post Separation appeared first on Leach Legal.

As Perth family lawyers, we often get asked about who gets the kids on Father’s Day and Mother’s Day.
With Father’s Day just around the corner again, now is a good time to start thinking about care arrangements that give your children the chance to share the day with Dad.
There is no universal rule for separated families. Finding an arrangement that suits your family means considering:
The child’s best interests
Father’s and Mother’s Days can be a source of many happy memories for children, their parents and also their grandparents.
Denying this opportunity is generally not in the children’s best interests, unless allowing the visit compromises their safety in any way. Usually, the children’s best interests are met by being allowed to share special occasions with both parents including Mother’s Day with Mum and Father’s Day with Dad.
If you and your ex-partner cannot reach an agreement, a Leach Legal family lawyer may need to step in on your behalf.
Practical realities
Sometimes it is difficult to arrange a short visit, for example if you need to travel a long distance to see your children or if you are away for work. In these cases, forward planning will avoid frustration and disappointment. If a short visit is simply impractical, perhaps a longer visit could be arranged to coincide with Father’s Day or Mother’s Day, or a video or telephone call could be set up on the special day instead.
Planning ahead includes ensuring conditions for supervised visits can be met. Remember the previous step; what is convenient for you should not be the only consideration.
Fair arrangements
If the usual arrangement (ie: seeing the children on alternating weekends) does not line up with your “Day”, you can always arrange an exceptional visit.
For example, sometimes parents will arrange an exception for 24 hours so the children can spend Father’s Day with their dad and Mother’s Day with their mum, or they swap their usual weekends around for those weekends.
Again, if you are unable to agree on what is fair for the children, a family lawyer can assist all the way through a court matter if required.
Leach Legal are experienced family lawyers helping Perth families to reach amicable arrangements. Book a free 15-minute consultation to discuss your options and rights before Father’s Day.
 
The post Who Gets the Children on Father’s Day? appeared first on Leach Legal.

Nobody goes into marriage – or business – expecting it to end badly. However, if the Family Court determines your ex-partner had a material impact on growing your business you could be facing a large payout or worse.
Divorce can have damaging effects for small business owners, especially if the separation comes unexpectedly some years after starting a business.
Perth small business owners already face a tough road to build their enterprise. Not only does divorce add stress that you take to work, you could also face losing all or part of the business unless you are prepared.
How to safeguard your business
Prenuptial agreement
We understand this can be an emotionally difficult subject to discuss so our family lawyers can offer advice on drawing up a prenuptial agreement that protects both parties in case of divorce. You can find out more information here.
Keep clear and detailed accounts
Maintain separate business and family accounts and avoid using business funds to pay for personal expenses.
Have a plan
If you think your relationship might be in trouble, consider ways to ensure you maintain control of your business. This may mean playing a larger role in the daily management of the business.
Get a professional valuation
Knowing what your small business is worth, and could be worth in the future, will help you understand your position during a divorce.
Forfeit other assets
To retain 100% of the business you may need to compromise on other jointly owned assets. Work with your divorce lawyer to identify what is most important based on a fair valuation.
Get the right support and advice
With so much information available it is easy to be misled by what you read or hear. The truth is no two separations are the same.
Find out more about your financial position in case of separation with a free 15-minute consultation with a reputable Perth lawyer, or read more on our website.
The post Protecting Your Business from Divorce appeared first on Leach Legal.

International travel can be a source of stress for separated families if one party does not consent to the trip.
Even if your separation is amicable it is important you are prepared as a single parent travelling with your child.
Getting a passport
If your child does not currently have a passport both parents will need to sign the passport application.
The non-travelling parent may refuse to sign the documents. When an agreement cannot be reached you will likely require advice on making a Family Court application.
The Court has the power either to require the non-consenting parent to sign the application, or to rule their signature is not necessary.
Difficulties with consent
Passport applications and travel plans can be disrupted by the non-travelling parent for several reasons:

Concerns for the child’s safety in the foreign country
The length of international travel
Genuineness of plans to return to Australia
Whether the child will be affected by the absence of the non-travelling parent

This is especially common in separated families where the split was not amicable. The Family Court will use tests to ensure your travel plans are genuine and you show sufficient ties to Australia to not be considered a flight risk.
Sometimes a bond, either monetary or as security over an asset, is deemed necessary to ensure travel conditions are met.
In all cases the child’s best interests, especially their welfare while overseas, is the main concern.
Making a Family Court application
Single parents planning international travel with their child should plan well in advance to avoid disappointment from cancellations or delays.
Alternatively, both parties can agree on provisions for overseas travel that stipulate mutually acceptable conditions for travel.
Our Family Lawyers can help parents from a separated family make international travel plans or gain consent in event of a dispute.
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There are no universal rules for dividing assets after separation. In Australia the family law system is discretionary meaning despite what you may have read or heard it is not as simple as dividing property and financial assets 50/50.
Property settlements aim to reflect what is fair for both parties. Reaching an agreement without the help of a family lawyer is difficult and emotionally charged for even the most amicable couples.
How property settlements are worked out
Knowing how the courts determine a fair settlement will help you prepare for the process ahead. Although both parties may not have the same perspective on what is ‘fair’, there are  generally four steps your family lawyer will work through:

The value of all property of both parties

Regardless of whose name they are in or when they are were acquired, all assets and liabilities should be considered in the shared pool. This includes savings, real estate, home loans, cars, credit cards, businesses, business loans, superannuation, companies and trusts. It also includes property and financial interests shared with a third party.

Contributions from both parties to the relationship

The definition of contributions is broader than just financial. The court will look at homemaker and parenting contribution, and other non-financial contributions. For example, if you or your ex-partner took time off work to raise a child, the court takes this contribution to the family very seriously.

Needs of the parties (current and future)

Commonly the needs question takes account of each party’s age, ability to earn, health, and responsibilities caring for children. This element can be complicated because it should consider future inheritances and support, financial or otherwise, which can be hard to quantify.

Determine a just and equitable split

The final step is to take a step back and consider what the proposed settlement actually means for each party in dollar terms, and determine whether it is fair for both of them. Although it seems straightforward there are the perspectives of both parties to consider. Separation is tough enough without ongoing stress and arguments if one party feels like they are being short changed.
Leach Legal can help; book a free 15-minute consultation with one of our experienced family lawyers to ensure you receive a fair division of property and financial assets.
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Separation is not fun. Life as you know it may no longer exist, and your world can be turned upside down in an instant. Everything that was certain and stable suddenly looks quite different.
Calm heads and logic are sometimes overtaken by emotions which can make a difficult process even longer and more arduous.
The good news is that with a little effort, family law settlements can be amicable, even if you and your former partner do not necessarily agree on everything.
Contested proceedings
Sometimes, parties simply cannot agree. Everything from the factual history of the relationship and the value of assets to the arrangements for the children, child support and spousal maintenance payments are in dispute.
The cost of litigation can be exorbitant. The backlog in the Family Court system means that the parties cannot move on with their lives while they wait for their matter to be heard.
Susan and David cannot agree on anything. They dispute facts and figures, and file multiple interim applications in the Family Court. Every step of the way, they argue about procedure. They wait in limbo for over 3 years before the Family Court determines their matter. Each spends more in legal fees than they end up actually receiving, and feel defeated and bitter which affects their daily lives. Their children are now adults and have a poor relationship with their parents. Susan and Michael wish they had done things differently.
When parties focus on winning or getting the upper hand, they often miss opportunities to settle. The become enmeshed in the battle rather than focusing on the end result.
Narrowing the issues
Even if you disagree on things, you can still agree on the pathway to reach a resolution.
You don’t necessarily need to be 100% amicable. In fact, many parties who reach an amicable agreement are not on good terms socially. However, if they both act reasonably and focus on the issues, they can save themselves a lot of time, stress and money.
Jane and Michael have a house together. Their estimates of its value are about $200,000 apart. They agree to jointly appoint a single expert valuer to determine the value for them. Within a few weeks, they have an agreed value to work with. Jane and Michael saved themselves several months and many thousands of dollars in legal fees by not arguing the point in the Family Court.
By agreeing to disagree then working out a strategy to resolve the impasse, parties can save themselves stress and avoid unnecessary legal fees.
Getting to an agreement
You might still disagree on the end result, but you have worked together to reach a consensus on as much as possible.
There are still many options to reach an amicable agreement. Parties and their lawyers can continue negotiations, or they might attend a mediation and negotiate a deal.
Sam and Tessa mostly agree on the value of their assets, but have different views about how they will be divided. They cannot agree about arrangements for their children, but are willing to discuss other options. They set aside a day to meet with their lawyers and a mediator, and come up with an arrangement that suits their needs. Neither is ecstatic with the outcome, but are happy that their financial futures are secured and satisfied that their children’s best interests will be met. Both feel positive about the future, and are relieved they did not have to drag things out for many years in the court.
It takes work to get to this point. Parties need to keep a level head, and be willing to consider alternative solutions. Co-operation is the key, and being able to look beyond the immediate frustrations to see the overall picture. Sometimes it is not always possible, but it is important to make every effort to stay on track.
Whether your separation is amicable or contested, you need to get the very best advice. Perth family law firm Leach Legal are experienced in making the separation process as smooth possible and will support and guide you every step of the way. Speak to one of our lawyers today by calling 08 9486 9733 to secure your free 15 minute initial telephone consultation.
The post Why It’s Worth the Effort to Keep Your Separation Amicable appeared first on Leach Legal.

Amendments to the Child Support Act (Assessment) 1989 came into effect on 1 July 2018.
The amendments apply retrospectively, so affect both new Child Support Agreement and those entered into before the amendments came into effect.
If you currently have a legally binding Child Support Agreement with your ex-partner, the amendments may have a major effect on your existing agreement.
Change in care arrangements
Under the new amendments, if the parent who receives child support (the “payee parent”) cares for the child for less than 35% of overnight stays (ie: less than 5 nights per fortnight), that parent is no longer eligible to receive child support payments as they are no longer viewed as an “eligible carer”.
If this is the case, a Child Support Agreement may be suspended for up to 28 days. The suspension may even be extended for up to 26 weeks in certain situations, such as if both parents have advised the Child Support Registrar before the 26 weeks have passed. The Registrar also must be satisfied that special circumstances are in play.
If within the 28 day or 26 week suspension period (whichever is relevant) the parent resumes caring for the child for over 35% of overnight stays, they will once again become eligible to receive child support payments. The suspension on the agreement will be lifted. If the parent does not resume the caring of the child for at least 35% of overnight stays, the Child Support Agreement will be terminated.
Circumstances that include multiple children
In some circumstances where multiple children are involved, the Agreement can be terminated for one child but continue as normal for the other child. This is relevant if the payee parent is caring for the other child for at least 35% of overnight stays.
What happens when an Agreement is terminated?
If an Agreement has been suspended or terminated, child support to the payee is still possible, but may be at a different rate to what was provided in the former Agreement. The rate will be decided by the Child Support Agency according to the current child support formula.
If your circumstances have changed and the payee parent is not meeting the conditions to care for a child for at least 35% of overnight stays, it is important that you seek expert legal advice from a family lawyer as soon as possible.
For more information and advice about how your Child Support Agreement may be affected by recent changes, call Leach Legal in Perth on 08 9486 9733 to talk to one of our team.
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The smell of hot cross buns, the wonderful arrays of colourful Easter eggs, the blissful encounters with the fluffy Easter Bunny, and the excitement of Easter egg hunts are some of your children’s favourite things over the Easter break. It is a holiday that the children usually love and look forward to every year. Nonetheless, Easter comes with a long weekend and the Easter school holidays, and for separated families this can be an egg-stra big mess. So here are some tips on how to plan for special occasions
HOP TO IT AND PLAN AHEAD

Start making plans and discussing arrangements with your ex-partner as soon as you can.
If you really need a specific day then try to negotiate an arrangement reasonably. Think about negotiating a time-sharing arrangement, trading other days or alternating years so your children spend this Easter with you and next Easter with your ex-partner.
Ensure your agreement is specific. For example, what days will the children be with you? when and where will the changeovers be and who will they be conducted by? It is extremely important that the terms are not vague or ambiguous so that they do not result in any conflict or misunderstanding.
Ensure that anything you agree on is put in writing. You can do this by text, email or through written correspondence from your lawyers.
If you do not have any arrangements in place or cannot come to an arrangement on your own, ask one of our lawyers for assistance. We can draft orders with as much detail and flexibility as the parent’s require ensuring they are enforceable and in the best interests of the children.

DON’T BE A ROTTEN EGG

Don’t do anything to prevent your ex-partner from also sharing special time during the holiday with your children.
Being stubborn and unreasonable with your ex-partner will not make Easter an enjoyable time for your children so try to ensure you don’t do anything to make them feel as if they are stuck in the middle of your feud.
If you have agreed on a handover time then make sure you return the children regardless of how you feel about your ex. If you are considering drastic measures such as not returning the children then stop and think about how this decision will impact your children, your future ability to co-parent with your ex and the impact it will have on your matter if it ends up in Court before a Judge.
Don’t be the irresponsible parent. Just because your ex has been unfair doesn’t mean you have to retaliate and react in the same manner.
As part of most holidays there will be additional financial pressures, increased emotions and increased consumptions of alcohol which may all lead to various incidents occurring in such environments. To ensure things don’t get out of hand, try to remain calm and focused and limit your alcohol consumption throughout the holiday period.
Do not argue with the other parent in front of the children as this will only create an unhappy environment for them. The last thing you want to do is create more conflict or have an incident occur which may have domestic violence proceedings commenced against you.
Do not criticise or degrade the other parent in front of your children. Your children love you both and their relationship with both parents must be protected.

LOOK ON THE SUNNY SIDE UP

Considering what is in the best interest of the children is the overriding principle in Family Courts so ensure that everything you do is in the best interests of your children regardless of how you feel.
Take whatever opportunity you can to see your children regardless of however small the time frame may be. Your children will be excited to spend even the smallest amount of time with you.
Remember that the most important thing is to make the occasion special for the children. View this as a new beginning for yourself and your family so create some new traditions and find some new ways of celebrating the occasion as well.
Surround yourself with positive and supportive people and try to look for something positive in every situation you are faced with.
Remember that in time the holidays will get easier and better but for now you just need to get through your first one.
Lastly and most importantly, always get legal advice about the options that are available for you to help you plan for the future ahead.

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