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Family Lawyers in Perth WA

A breakdown in your family relationship can often be the most stressful time in a person's life. It is important to obtain advice as to your rights at an early stage.

Many questions arise, such as when and how you can apply for a divorce, what is going to happen to your property, and what is going to happen to your children.

We can assist you with:

Sole divorce applications
Joint divorce applications
Pre-Action Procedure
Property Settlement
Children’s Matters
Consent Orders and
Court Applications

If a marriage has irretrievably broken down, you will likely want to apply for a divorce. You must be separated for at least 12 months before making an application for divorce, and ensure that appropriate arrangements have been made in relation to any children of the marriage under 18 years of age.

Divorces can be made by sole or joint application, and depending on your circumstances, may require your attendance at a court hearing.

Divorces can be done before, after, or at the same time as property settlement.

Chambers Legal can assist you with your application for divorce, and have fixed fee options available.

After separation, it is important that appropriate arrangements are put in place for your children.

Things to consider include:

  • Who the child is to live with;
  • Who the child is to spend time with;
  • The time, days and locations of the spend time;
  • Handovers;
  • Schooling arrangements;
  • Holiday and special occasion arrangements;
  • Travel and passport arrangements; and
  • Medical arrangements.

If you and the other party can agree on the arrangements for the child or children, and you wish to formalise the arrangement, this can be done by way of an Application for Consent Orders.

If you and the other party are unable to agree on the arrangements for the child or children, you may wish to make an application to the Court, seeking particular interim and final orders.

Before making an application to the Court, you must firstly attend Family Dispute Resolution (FDR). This is a compulsory mediation, in which the parties can make another attempt at resolving the matter without the need to resort to Court If FDR is successful, parties can formalise their agreement by way of Consent Orders. If FDR is unsuccessful, you will receive a certificate, which will be necessary at the time of filing your Court application.

You will only be excused from participating in FDR in certain circumstances, including:

  • If the Court is satisfied that there has been or is a risk of child abuse or family violence;
  • Your case is so urgent that you are unable to or should not need to attend FDR – for example, if you are seeking a recovery order or an urgent injunction; or
  • You are unable to participate effectively in FDR due to your location.

Chambers Legal can assist you in negotiating with the other party, drafting Consent Orders, and assisting and representing you for a Court application. Contact us now to book an initial consultation to discuss your matter and options, and organise a way forward.

After the breakdown of a relationship, you should make arrangements to divide your property and separate your finances.

In considering the division of property, the following must be considered:

  • The extent and value of the parties’ combined assets and liabilities;
  • The extent of the parties’ financial, non-financial and homemaker/parent contributions to the relationship;
  • Any adjustments that should be made due to the parties’ “future needs”; and
  • Whether the property settlement outcome will be “just and equitable”.

If you and the other party are able to come to an agreement as to the property settlement, and it is likely that the Court will consider it to be “just and equitable”, you can make an Application for Consent Orders.

If you and the other party are not able to come to an agreement as to the property settlement, an application to the Court can be made. It is important to also consider and be open to alternative dispute resolution, such as mediation.

There are time limitations for property settlement, so it is important to seek legal advice as soon as possible after the breakdown of your relationship.

At your initial consult, we can advise you as to your options, and provide further detail as to how property settlement works and possible outcomes. Book your Initial Consultation with Chambers Legal today.

If you and the other party come to an agreement in regards to parenting and/or property matters, this agreement can be formalised by way of an Application for Consent Orders. This means that the orders sought, if accepted by the Court, will be formalised into Court Orders, without the need for either party to attend Court.

It is important to ensure that the Consent Orders are done right, as these are final orders, and can be difficult to amend later on if the parties disagree.

Contact Chambers Legal to book an Initial Consultation to discuss your prospective consent orders.

If you and the other party are not able to come to an agreement in regards to parenting and/or property matters, you may wish to make an application to the Court in respect of interim and final orders.

These applications can often involve a number of forms and will result in an initial Court Hearing. If no agreement is made as to Final Orders at the initial Court Hearing, directions will be made as to the path your matter will take.

Despite the Court proceedings, the parties will have the opportunity to come to an agreement outside of court at any stage during the court proceedings, before Final Orders are made.

Chambers Legal can assist you with documents, negotiation and court representation.

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