Legal Separations

De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship.

Since March 2009 the Family Court and Federal Circuit Court have jurisdiction over de facto and same sex property matters. The considerations that the Court takes into account are the same as for married couples (save that in Western Australia superannuation splitting legislation does not apply).

Kelly & McHale Family Lawyers can provide assistance with early advice as to parties' entitlements and in negotiating an appropriate settlement. We can also assist if proceedings need to be issued to ensure a proper outcome.

Property

Following the breakdown of a marriage, an appropriate division of property is critically important to the financial future of both parties. Prompt legal advice is vital.

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Parenting Arrangements

After the breakdown of a relationship involving children (whether a marriage, de facto or same sex relationship) it will be necessary to consider the appropriate arrangements for the ongoing care of the children.

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De Facto/Same sex relationships

Upon the breakdown of a de facto or same sex relationship either party can seek to negotiate, mediate or litigate any property issues arising from the breakdown of their relationship.

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Mediation

Family Dispute Resolution (FDR) or mediation is now required in all parenting matters before Court proceedings can be initiated. This means you must have at least tried or been invited to participate in mediation.

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Enforcement of Orders

Unfortunately, even where agreements have been reached or Family Court orders made, it can be necessary to take steps to enforce an agreement where one party does not comply with the terms of the agreement or the terms of an order.

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Child Relocation

In these days of greater mobility, where international and interstate relationships are more common, issues often arise surrounding the relocation of children following the breakdown of a relationship.

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Child Support

Following separation parties will need to consider the ongoing support of their children.

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Spousal Maintenance

A person has a responsibility to financially assist their spouse (including de facto and same sex partner) if the spouse's personal income or assets cannot meet their own reasonable needs.

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Divorce

An application for divorce can be made by either party to a marriage or by both parties jointly, after the parties have been separated for a period of at least 12 months immediately preceding the filing of the application.

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