The Family Court has the power to grant a number of injunctions which are appropriate for the welfare of a child. This includes injunctions for the personal protection of:
- the child; or
- the parent of the child; or
- a person to whom the child is to live, spend time with or communicate with under a parenting order; or
- a person who has parental responsibility for the child.
Orders may also be obtained to restrain a person from entering or remaining in the place of residence, employment or education of a child or any other person as referred to above.
The orders may be made on an interim or final basis and the court has a wide general power to grant such injunctions as it considers appropriate.
Perth Family Lawyers can offer advice in relation to obtaining injunctions and restraining orders for both the party seeking the order and the party subject to the order.
Financial agreements have gained in their popularity over recent years. Commonly known as a "pre-nups" these agreements are a way of avoiding the expense and distress of lengthy property proceedings.
Financial Agreements can be entered into at any stage of the relationship or in contemplation of a relationship. They can be entered into by parties to a marriage or parties of a de facto relationship.
In order for a financial agreement to be binding both parties must obtain independent legal advice. Both parties must sign the agreement and must obtain a certificate signed by the person giving the independent legal advice stating that the advice was given.
Perth Family Lawyers can offer clients advice regarding the preparation of financial agreements the requirements at law relating to their validity.
The Family Court does not, except in very limited cases, have a role to play in the determination of child maintenance.
Applications for child support may be made through the Child Support Agency for an eligible child under the age of 18 years and not a member of a couple.
The child support agency calculates the annual rate of child support payable by using the formula prescribed by the legislation. Details of this formula can be found on the Child Support Agency website.
Perth Family Lawyers can assist with all areas of child support ensuring that all clients are aware of all the issues associated with receiving and obligations regarding the payment of child support.
Recent legislative changes in Western Australia now provide for de facto relationships, including same sex relationships, to fall within its jurisdiction. The court now has the power to determine the property and maintenance proceedings for parties of de facto relationships.
The Family Court determines parenting arrangements for parties to a de facto relationship in the same way as it would for parties to a marriage.
In determining whether a de facto relationship exists the court must consider many factors. Our legal team at Perth Family Lawyers are happy to provide advice in all family law areas affecting parties to a de facto relationship.
Disputes between spouses and de facto partners regarding property may be dealt with by the Family Court of Western Australia. Property settlements can vary greatly and expertise in this area is required to ensure that parties are given the best advice for their individual circumstances.
Parties are encouraged to settle their property dispute without the intervention of the court. If parties are able to reach an amicable resolution they may file an Application for Consent Orders with the Family Court of Western Australia.
Alternatively, parties who cannot reach agreement may file an application in the Family Court of Western Australia for determination by a judicial officer. Parties to the dispute should be aware this can be a very long process; however the parties can settle the matter at any time during the proceedings by consent.
Family Law legislation imposes time limitations for parties to bring proceedings in respect of property and leave to commence proceedings will only be granted in exceptional circumstances. For this reason it is advisable to seek legal advice regarding the property of a relationship as soon as possible.
Perth Family Lawyers offer clients expertise in all areas of property settlement and give comprehensive advice specific to each client's individual circumstances.
In Australia, since 1975, divorce is a determination made without need of or regard to, any fault of either party.
An application for divorce order in relation to marriage shall be based on the ground that the marriage has broken down irretrievably. A divorce application will only be granted if the court is satisfied that the parties have separated and thereafter lived separately and apart for a period of not less than 12 months immediately preceding the application. The court must also be satisfied that if the parties have children under the age of 18 then proper care arrangements are in place in relation to those children.
Perth Family Lawyers are able to assist clients in all the steps associated with making or responding to an application for divorce. Our dedicated staff will ensure that all necessary steps in relation to the legal consequences of divorce are taken and time limitations are met.
Nicola is a Director of Perth Family Lawyers.
Nicola immigrated to Australia from the United Kingdom with her husband and two children in 2005. Prior to arriving in Australia Nicola worked as a private investigator in the UK and Europe for 6 years.
Nicola graduated from Edith Cowan University in 2009 with a Bachelor of Laws and was subsequently admitted as a Barrister and Solicitor in the Supreme Court of Western Australia.
Early on in her studies Nicola developed a keen interest in Family Law and commenced working within her local community legal centre dealing primarily with family law matters. Nicola also worked within other small law firms gaining experience in other areas of law and litigation.
In 2008 Nicola began working as a Law Clerk for a Perth based boutique family law firm. Upon admission Nicola practiced exclusively in the area of family law until leaving and establishing Perth Family Lawyers in late 2010.
As a Director and practitioner at Perth Family Lawyers Nicola practices in all areas of family law including children and parenting issues, property settlement, de facto and same sex relationships, and divorce applications.
Nicola is a member of the Women Lawyers of Western Australia and the Family Law Practitioners Association.
Nicola is committed to offering the highest care and attention to all clients of Perth Family Lawyers whilst giving them clear concise advice which they require to make an informed decision about their family law matters.