News.

When a relationship breaks down, it is common for disputes to arise over the ‘ownership’ of an inheritance received by one of the parties.

Many couples are able to agree on arrangements for the ongoing care of their children after they separate. These arrangements can be documented through parenting plans or formalised in consent orders without the need to attend Court.

If you have separated from your spouse or de facto partner, you may be entitled to claim spousal maintenance.

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.