Subpoenas play a very important role in discovering evidence and information in family law matters, especially when the other party is not complying with requests for information. There is a lot of work involved in applying, filing, and serving a subpoena, which can quickly become a complex exercise. Generally, subpoenas should only be used as a last resort, and we recommend seeking legal advice before applying for a subpoena.
A parenting plan is an informal written parenting agreement that includes parenting and care arrangements for children but has not been formally approved by the Family Court of Western Australia (FCWA) . Parenting orders (or consent orders) are written parenting agreements that have been approved by the FCFCA through an application made to the court. Parenting orders may also be made by the court after a hearing.
Just because a couple is living together it does not automatically mean they are in a de facto relationship. There are many different factors in determining whether two people are living in a de facto relationship, such as whether they share bank accounts, are in a sexual relationship, and whether they are known as a couple to family and friends.
Do you have a grudge with your ex? Think twice before airing it on social media! Social media is commonly referred to as modern day ‘Surveillance’ for family law matters. What you post on your social media accounts may be used against you to damage your credibility by your ex or their legal representative. Therefore, you must be very careful what you post or preferably, even disable your social media accounts while your family law settlement is in progress.
Financial abuse occurs where a person uses systematic coercion to control another family member’s access to money or assets, whether the victim of the financial abuse is currently in, or was in, an intimate relationship with the perpetrator. Financial abuse is considered a form of family violence.
A parenting order is not only designed to apply to parents or guardians of a child, but non-parents may also apply for parenting orders to be able to spend time with, or care for a child. The Family Law Act allows a grandparent, or any other person concerned for the child’s care, welfare, or development to apply for a parenting order.
Cryptocurrency consists of encrypted digital forms of currency not distributed by banks. It also goes by the name of ‘cryptocurrency’. A popular example of a cryptocurrency is Bitcoin. As cryptocurrencies become more commonly used around the world, so too will their appearance in family law property settlements.
Settling your family law matter in the court system can be stressful, expensive, and most likely, a lengthy process. Understanding the timeline of court directions and procedure will help you prepare for the process. This article provides the most important tips to help make the court process as smooth and productive as possible.
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a property settlement and the assets they are likely to retain. This is only natural given that Family Law is a complicated and emotional area of law which is often poorly understood.
Dividing property after partners separate is generally stressful, with each party concerned about his or her financial future. The bankruptcy of one party adds a further dimension of complexity to a family law property settlement. Even partners whose relationship is intact should seek urgent legal advice if one of them is facing bankruptcy or insolvency issues. This article provides an overview of bankruptcy laws, how property is usually divided after a relationship breaks down, and how the processes interact when one of the parties to a property settlement is bankrupt. Bankruptcy and family law are complex areas and the information in this article is general only. Parties should obtain legal advice relevant to their individual circumstances.