Does infidelity affect separation in the Family Court?
December 2, 2019
This is a question frequently asked of our lawyers. Movies and media often suggest that if your partner is unfaithful you will be entitled to a bigger share of the assets or more access to the children, this is not the case. The Family Court of Western Australia operates on a ‘None fault’ divorce based system.
2019/2020 Christmas Holidays Family Contact Deadlines
October 3, 2019
With Christmas just around the corner, it is understandable that many separated parents will be facing uncertainties associated with where and when their children will be spending time over the Christmas school holidays. This uncertainty can be difficult for both the parents and the children involved.
At present, the Family Court of WA is experiencing pressures from the continual inflow of parenting and financial applications being filed on a daily basis.
Rule 5.01 of the Family Law Rules 2004, provides a cut-off date to file applications dealing in whole or part with the school holiday period beginning in December. This is to give the Court time to deal with the influx of parenting applications before Christmas. The cut-off date is the second Friday of November, which, for this year will be 4.00pm, 8 November 2019.
Clause 34.2 of the Case Management Guidelines of the Family Court of WA reminds parties that they “should be aware that applications filed prior to this date are not necessarily guaranteed to be listed or determined prior to the commencement of the relevant school holiday period. Such applications should be filed as early as practicable to ensure an appropriate listing date.”
Importantly, it should not be forgotten that before you can file a parenting application in the Family Court of WA, you must attempt to resolve your dispute “out of court” by attending Family Dispute Resolution (FDR), unless certain exemptions apply.
Making arrangements to attend FDR can take time and a settlement is not guaranteed. To avoid missing the cut-off date in the event you cannot reach a settlement, we suggest you start the process now.
To help you through this process, get in contact with our friendly team of experienced family lawyers who can provide advice and assistance. Ask about our reasonably priced, no obligation and fixed fee initial one hour appointment.
Contact us today on 08 9226 3300 to make an appointment.
What are Mediation, Family Dispute Resolution and Mediation Style Conferences?
October 2, 2019
They represent a much faster, cheaper and more empowering process to help resolve disputes, because decisions are made by the parties themselves.
When parties separate, strong emotions, concern about their children, and financial uncertainty can make it difficult for them to agree on the division of their assets and how to make arrangements for their children.
Family Law and superannuation in Western Australia
September 4, 2019
When couples divide their property after the breakdown of a marriage they have the option of splitting their superannuation in order to reach a fair and equitable agreement about the division of their property. Splitting does not convert superannuation into a cash asset – it is still subject to superannuation laws and is usually retained as superannuation until retirement ages are reached.
Press Release – Family Law Firm Recognised For Leadership In Family Law
Each September Doyles publishes their WA Family Law Rankings as to the best family law practitioners and firms in the WA legal market. The results are based on independent legal feedback obtained from peers, professional references and interstate practitioner referees.