Family Law

Family Law

Our family lawyers can assist you with all matters related to divorce such as the division of marital property, child custody and child support. They are also commonly hired to draft prenuptial and postnuptial agreements to ensure that your assets are protected.

If you’re here because you’re separating from your partner, we understand that it can be one of the most stressful and highly emotional times in your life. Add to this the confusion about the legal process and the uncertainty about how much it will all cost, and you can certainly feel vulnerable and out of your depth. We don’t want that for you.

At Legally Yours our lawyers will hold your hand through the entire process, ensuring that at all times you are informed and in control of both what to expect and what you will pay for each stage.

We guarantee that you will never have to worry that you will be charged for picking up the phone and asking your lawyer a question – it is all part of the fixed quote.

Our family lawyers will provide a complimentary phone consultation to talk you through the process, and will then provide you with a fixed-fee quote for each stage of the process.

Our dedicated family lawyers can help you with the following services

  • Divorce applications
  • Property and financial settlements
  • Child custody / parenting orders
  • Mediation and Dispute Resolution
  • Prenuptial and postnuptial agreements
  • Intervention Orders

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Articles relating to Family Law

Separating? Keep it Positive.

When a marriage doesn’t work out it can be devastating.  But once the hurt subsides there can be positive ways couples can work through a separation. This blog provides tips on how couples can separate in a positive way.

I’d like to share a story of a beautiful couple that recently used Legally Yours services. The wife approached Legally Yours and we connected her with a fixed fee lawyer who drafted up Consent Orders with regards to financial and parenting matters.  The couple had one child from their marriage and before they approached any lawyers, they had accessed a counselling service where they were able to reach agreement on many major issues, such as how they were going to parent moving forward, who was going to live in the matrimonial home etc.  This counselling service worked with both parents, and also the child, to try and ascertain how best the couple could parent together as a separated couple moving forward.

After each of them received independent legal advice and the agreements were registered and approved with the Family Court, the husband and wife, together with their child, went on a family holiday together.  Upon their return, the wife contacted Legally Yours and thanked us for all our support in helping her and her husband separate in an amicable and positive way.  She told us that in some respects their relationship was better than ever, as the pressures that had existed in their marriage were no longer there, and both of them could now devote themselves to parenting their child in a positive way together as friends.

It was such a heart-warming story, because most people associate separation and divorce with anger, hurt, disappointment and failure.  But in some instances, separating can be a positive decision for everyone involved.  It takes strength to acknowledge that circumstances may not be working and that it isn’t healthy for children to be around parents who constantly argue and are unhappy.

From a legal perspective, we would recommend that where possible separating parents access a good counselling service before approaching lawyers.  A good counselling service will understand the requirements of the Family Court when it comes to the approval of parenting plans and/or Consent Orders, and will be able to work with the couple and their children to ensure any agreement reached can be followed in a practical way after the divorce is final.

If separating couples approach lawyers after the counselling process, legal costs will then be minimized and the legal process will be more streamlined and efficient, enabling couples to get on with the most important job of parenting their children in a supportive and positive way.  Remember, when approaching a family lawyer, always ask for a free initial consultation and then fixed-fee quote for drafting your legal documents.

So if you’re separating, try and keep it positive. The more you retain control of the important decisions in your lives, the easier it will be to separate with minimal emotional turmoil to yourselves and your children.  Whilst your marriage may be at an end, you will always be co-parents to your children and if you can both find it in your hearts to remain friends, your children’s best interests can still be maintained after a separation has occurred.

When you need a lawyer, it’s important to get it right. At Legally Yours we connect you with high quality, fixed price lawyers. This means you’ll know upfront exactly what you’ll be paying. No more hourly billing, no more price uncertainty.

Contact a family lawyer today who will minimise your legal fees. For a complimentary consultation and fixed fee quote connect with us at http://www.legallyyours.com.au/get-a-quote/ or call us on 1300 822 708.

Written by Mira Stammers and Karen Finch from Legally Yours.se

Spousal Maintenance – What is it and am I entitled to it?

What is Spousal Maintenance?

Spousal maintenance is a payment from one former spouse to the other former spouse after separation or divorce. The purpose of spousal maintenance is to help the recipient support themselves. It is a separate payment to child support and may be payable in addition to child support.

Who is entitled to apply for Spousal Maintenance?

Not everyone is entitled to spousal maintenance. First, you must meet certain minimum eligibility criteria before a court will consider whether you are eligible for child maintenance.

In short, if you are or have been married, you are entitled to apply for spousal maintenance.

If you have been in a de-facto relationship it will depend on both the State or Territory you reside in and the date of your separation. This is because the laws have changed over the years at different times in different States and Territories. However in most cases, if you separated after 1 March 2009, you may be eligible to apply for spousal maintenance.

Who may not be entitled to Spousal Maintenance?

You may not be eligible for spousal maintenance if:

  • you have remarried
  • you are in a new de-facto relationship (as the details of this relationship will be taken into account)
  • you are a de-facto couple residing outside of Australia
  • You reside in any State or Territory other than Western Australia and you separated before 1 March 2009
  • You reside in Western Australia and you separated before 1 December 2002

When is Spousal Maintenance payable?

Payment of spousal maintenance is not automatic. You must apply to the court. The court will then need to consider the applicant’s needs and the capacity of the respondent to pay spousal maintenance. For instance, is the applicant unable to meet their living expenses and does the respondent have enough disposable income to be able to provide spousal maintenance to them?

Perhaps the applicant is taking care of small children and is unable to work. Or perhaps the applicant is unable to work due to health issues. However, bare in mind that the Court will take into account whether the respondent can afford to pay spousal maintenance. If the respondent does not have the capacity to pay, then it is unlikely the Court will order spousal maintenance to be paid.

If you think you may be entitled to spousal maintenance, or if you think you may be liable to pay spousal maintenance please contact us on info@legallyyours.com.au to request a complimentary consultation.

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