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Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. Family law legislation provides that dispute resolution is compulsory, save where extenuating circumstances exist, before parenting orders can be made. Accordingly, unless exempt, parties wishing to proceed to the Family Court for parenting orders must first provide a certificate (ordinarily issued after unsuccessful dispute resolution) stating that they have attempted dispute resolution. This is required even if there are existing orders with respect to a child for which amended or additional orders are sought.

The division of assets after couples have separated can be finalised by financial agreement, consent orders or proceedings in the Family Court. The Family Law Act 1975 (Cth) requires parties to make genuine efforts to resolve disputes. This is underlined in Schedule 1 of the Family Law Rules 2004. Parties must participate in dispute resolution, explore options for settlement and comply, as far as practicable, with the duty of full and frank disclosure.

If you have recently separated and wish to move on with your financial matters, it is important to close off on your previous property affairs with your ex-partner first. Whilst it might be tempting to purchase real estate or other assets, particularly if you find a ‘great buy’, there can be issues if you do so before finalising property matters with your ex.

Doyle’s Guide has quickly become the most widely recognised independent ranking for lawyers across Australia. We are pleased to advise that Klimek & Wijay Family Lawyers were again voted by our peers as a Leading Family & Divorce Law Firm in Western Australia in the 2018 Doyle’s Guide to the Australian Legal Profession.

The Piddington Society is a leading organisation furthering collegiality an access to justice. The annual Piddington Bali Conference is widely attended by commercial and criminal lawyers in Western Australia. Our Associate Director, Tamara Arapovic, was recently invited to speak at the Conference about Financial Agreements, which are commonly referred to as “pre-nups”.

When partners separate, the future care of, and responsibility for their children is a major consideration. Parties to parenting proceedings must make reasonable attempts to resolve disputes about children and, unless specific circumstances apply, are required to attend dispute resolution. This involves meeting with a family dispute resolution practitioner who should assist the parents to negotiate workable arrangements for the children. If an agreement is reached, it can be documented in a parenting plan or consent orders without the need to go to Court.

Every marriage or de facto relationship usually involves a level of mutual trust, confidence and influence. However, when does that normal situation become undue influence or enable one party to unconscionably take advantage of the other? These questions were considered by the Family Court in two cases dealing with pre-nuptial style agreements - Saintclaire & Saintclaire and Zagar & Hellner.

A separating couple with children will need to work out the parenting arrangements for those children - where the children are to live and who may make decisions about the children. If the couple can agree, their agreement can be formalised as Consent Orders (ie Orders made by the Court by consent). If not, the Court can decide the parenting arrangements for them. In either case, the Court will only make orders that it considers are in the children's best interests.

Most people are aware that a valid Will determines how their assets are dealt with after they are gone. Wills generally provide for the appointment of a trusted executor/s and gifts to chosen beneficiaries. They may also appoint guardians for minor children and give direction for specific funeral and burial arrangements.

Unlike married couples, de facto partners cannot apply for a divorce when their relationship breaks down. Their property affairs and arrangements for the future care of their children however may be finalised by agreement, with the assistance of their legal advisors or, if necessary through Family Court proceedings.