WE ARE MOVING!
We are pleased to inform you, with effect from Monday, 29 October 2018 Klimek & Wijay Family Lawyers will be located at the following location: Level 4, 66 Kings Park Road, West Perth
We are pleased to inform you, with effect from Monday, 29 October 2018 Klimek & Wijay Family Lawyers will be located at the following location: Level 4, 66 Kings Park Road, West Perth
Unfortunately, many separations end in hostile disputes over money. A common situation when trying to resolve property matters is when one partner makes a considerable dent in the family finances by squandering assets or racking up additional debt.
Australia is a multi-cultural society, one of the most ethnically diverse countries in the world. Australians also tend to be well-travelled. It is not surprising, therefore, that parents will want to take their children overseas. How does that work when those parents have separated?
We’ve all had times when we can’t recall a conversation someone else swears we had. Often, one person in a relationship is more adamant about their memory than the other person. Usually, those mini-disputes are minor blips in an intact relationship. But what if it’s no longer an intact relationship? What if the “he said/ she said” dispute becomes part of family law proceedings?
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.