Separation & Divorce

Having to endure a family breakdown can be a highly stressful and emotional time for everyone involved. If you are currently in this situation, it is imperative that you seek advice from an experienced family lawyer. If you wish to go ahead with a divorce, it is a requirement under Western Australian laws that you and your former partner have been separated for 12 months, the marriage is considered to be irreconcilable and an application for property settlement has been made within the 12 months of the finalisation of the divorce.

Our Perth Family Lawyers understand that sometimes divorce can be daunting but it doesn’t have to be. Our Perth Family Lawyers will prepare the divorce application for you. All you will need to do is come in for a review, signing and submission. This ensures you are left to deal with minimal stress and feel supported throughout the entire process.

Property Settlements

When couples separate, a large part of the consideration is given to the division of the property and assets. Depending on the matter, this process can be concluded in court with court orders or alternatively may be resolved privately with legal binding financial agreements. With the assistance of our Perth Family Lawyers, your property settlement process will be broken down into four steps. These include:

• Ascertain the net value of the asset pool
• Assessment of the contribution of each party
• Consideration of future needs
• Assessment of justness and equitability

Our Perth Family Lawyers will ensure you feel empowered and understand the proceedings each step of the way. Our Perth Family Lawyers are up to date with current family laws and legislation, ensuring you receive the best legal advice tailored to your needs.

Parenting & Children’s Disputes

Here at Law By Dan, our Perth Family Lawyers understand that post-separation disputes relating to parenting and children can be an extremely stressful time for parents. Due to the complexity of these type of matters, it is imperative that you seek legal advice and representation to ensure your child receives the best outcome possible.

Our Perth Family Lawyers encourage each one of our clients to resolve their parenting and children disputes through negotiation and mediation with a third party. In some instances, however, this process may not be effective and therefore, an application to the Family Court is the only option. Our Perth Family Lawyers are committed to the wellbeing of your children and consider the implications the court proceedings may have on your children. This is why our team encourages parents to cooperate and focus on the child and their needs.

Agreements & Orders

A parenting agreement can come in many different forms including an oral agreement, a written parenting plan, or a formalised consent order. Our Perth Family Lawyers vouch for our clients to make a parenting plan rather than applying to the court for a parenting order. This is because it is cheaper and less stressful than attending court. Our family lawyers will take you throughout the entire process and will ensure factors such as your child’s age, their educational requirements, cultural needs, their safety etc. are considered extensively throughout the parenting arrangement.

In the event the two parties cannot agree on a parenting arrangement, a parenting order will need to be lodged to the family court. It is in this instance that an experienced family lawyer is warranted in order to strongly represent you, your child and your matter in court.

Mediation

Mediation is universally recognised as an effective tool to settle family disputes without the need for going to court. Mediation involves the use of an independent third party, known as the mediator, who will negotiate between the two parties to identify the key issues and reach a resolution. It is a requirement in Australia that all financial matters are attempted to be solved via mediation prior to attending court if required.

Child Support

If you and your spouse have recently separated and you share children, you will have to agree on a child support plan. There are two forms of child support agreement. These include:

• Binding agreement
• Limited agreement

To be eligible for child support, it is a requirement that you spend at least 35% of time with your child/children. The amount you may receive will depend primarily on factors such as how much time you spend with your child, their education, food requirements etc. To address these factors in more detail, it is imperative that you seek legal advice from an experienced family lawyer.