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.
Klimek & Wijay are pleased to announce that we have been recognised in the top 10 family law firms in Western Australia in the 2017 Doyle’s Guide to the Australian Legal Profession.