Family Law

Leach Legal specialise in providing highly strategic and effective support for clients going through separation and divorce in Perth. It’s a complex area, and developing a tailored and well planned approach for each of our clients ensures the vast majority of our client’s cases are settled without the need for protracted legal proceedings. It’s not that we can’t ‘fight it out in court’ with the best of them, it’s that most clients who come to us are looking for a more amicable approach. And that’s what we provide.

We are so committed to assisting our clients to have an amicable divorce that we have developed the De Novo Guide, a process that minimises legal involvement (and hence cost), while still giving you the legal framework to maximise fairness and stability in the process.

Confused by Divorce?

To help you understand the process of divorce, and therefore make informed decisions, we have developed an interactive overview.

 

 

An Overview of Terms

Consent Order

Consent Order – If you live in Perth, Western Australia, this is an application that you make to the Family Court of Western Australia using a Form 11. It may encompass both financial/property and children’s issues and will formalise your agreement. This can be done yourself, but as it is an important legal document it needs to be done right. An incorrect form may be rejected by the Family Court, or orders could be made than cannot be fixed or are costly to unwind.

Divorce

Divorce or Dissolution of Marriage refers to the Court process of formally recognising that a couple are no longer married.

A Divorce can be applied for after the parties have been separated for a continuous period of 12 months and if there is no likelihood they will reconcile.

It is important to note that financial and children's matters can be dealt with upon separation, without waiting until you are divorced.

Arrangements for Children

In most cases it is important for children to maintain a relationship with both parents in a manner that is in the best interests of the children. We aim to deal with this issue as expediently as possible to ensure that the children suffer minimal disruption during this difficult time. For further help on developing a parenting plan, have a look at our guide.

Defacto Relationships

You must show that your relationship was for more than 2 years, or, if less, that you meet other criteria. In all cases you must show that your relationship was “marriage-like”. This can be difficult to prove so it is important you get clear legal advice.  There have been instances where people who lived together were not in a defacto relationship and could not go through the Family Court. Read more on separation from a defacto relationship.

Property

All assets and debts held by individuals or the couple together need to be included, and with sound advice, you can best determine how these should be split. When things get complex or fraught with emotion, it is advisable to have experienced negotiators like the team at Leach Legal on your side to resolve issues quickly and cost effectively. Read more on dividing property.

Wills and Estate Planning

It is imperative to ensure your will is updated after separation and divorce. Separation does not invalidate a will although marriage and divorce does.

Have a read of our Wills and Estate Planning Kit to begin making your will.