Family Lawyers Perth

Frequently asked questions about family lawyers

Do I need a family lawyer?

You can choose to represent yourself. However, there can be negative financial and emotional implications of doing this. You need a family lawyer to avoid common pitfalls associated with self-representation. Klimek & Wijay Family lawyers Perth are experts in family law.

They know what should be know about the law, making them the best-placed individuals to handle family law issues. While it’s not a must to hire a family lawyer, you need one for the expertise they are able to provide. A family lawyer will also give you that much needed time to heal from your breakup.

What information should I share with my family lawyer?

Lawyers need as much information as possible about your case. They may also need related information to prepare a strong case. While family law cases come with privacy concerns, there’s no cause for worry when dealing with reputable family lawyers.

How do I find the best family lawyer in Perth?

Perth family lawyers should be highly skilled and experienced. They should have a good success rate in the specific area of family law you are interested in. They should also be aggressive in pursuing justice or the best outcome for you but be sensitive about the nature of family law cases. Most importantly, they should be available. While most lawyers have their pros and cons, focus on a reputable family law firm in your area that is proven and tested.

It’s advisable to look at the entire law firm and reviews. You should also take your time and make a decision based on gut instincts after doing your homework.

What should I tell my divorce lawyer?

Yes! Your divorce lawyer should get as much information as possible for him/her to be able to get the best outcome for you. While some information may appear irrelevant to your case, withholding information requested can compromise your case. Being open also fosters a good relationship. Divorce lawyers can’t understand their client’s motives fully unless they are furnished with everything they need.

It doesn’t matter if one party cheated or not. While some lawyers may not be interested in such information, it can help them understand the situation better. So, every minor detail is relevant directly and indirectly.

Does gender matter when choosing a Perth family lawyer? Should my family lawyer be male or female?

Clients are at liberty to choose the lawyer they want to work with. While some people have gender preferences when selecting family lawyers, it’s good to be open-minded. Your selection should also be guided by competence and whoever you are most comfortable working with.

Can I ask my family lawyer about the odds of my case beforehand?

Yes. You can ask your family lawyer what they think about the potential outcome of your case. Seasoned family lawyers can give a realistic estimate of outcomes of any case when furnished with enough basic information.

What happens to debt after separation?

Debt taken for proper purposes is considered genuine by the Family Court. This includes debt taken for purposes such as moving out, maintaining existing assets, etc. If one party to a separation has gambling debt or other debt that doesn’t qualify as debt taken for good purposes, that debt may not end up being shared. The same applies to wastage. Parties that waste assets after a separation can have their entitlements reduced as a result.

How fast should I finalise my divorce or financial separation?

Separating couples with mutual agreements or formally documented agreements have fewer problems to deal with. You should finalize financial separation as soon as possible to avoid problems.

Can a prenuptial agreement be overturned?

Yes. Prenuptial agreements and any other binding financial agreements executed improperly or under duress can be overturned. Changes in circumstances can also render an agreement void. You need the assistance of a family lawyer to create as well as review your binding financial agreements frequently.

Will the assets acquired after separation be included during property settlement?

In family law, property settlements are calculated based on the date of final agreements/orders, as opposed to the separation date. As a result, assets acquired after separation may be subjected to a property settlement agreement.

What will I get/be entitled to if I divorce or separate in Perth, Australia?

In Australia, parties to a divorce or separation are entitled to whatever is deemed fair. This varies by relationship as well as what the court determines to be fair. Generally, the court focuses on a party’s contributions in a relationship. Your initial and continued contributions, as well as your future needs, determine what every party will get.

When should I consult the other parent after a divorce or separation?

It depends. However, there are general guidelines on issues like travel. For instance, children shouldn’t travel out of Australia without both parents consenting to such travel. Unless the parent agreeing to such travel has parental responsibility, they must consult. Unauthorised travel of children from Australia can be prevented by making an application in court for a special order (airport watch list order).

How long should does property settlement take in Australia?

You have a year (from the date of a divorce order) to apply for property settlement. In de facto couples, the time limit is two years from the date of separation.

Can my child choose to live with me over the other parent?

It depends. The complexities of family law make it hard to determine custody based on a child’s preferences. However, there are grounds that warrant such choices, such as mistreatment and the ability of the party in question to take up sole responsibility. You need to consult a seasoned family lawyer to get a clear answer based on your situation.

How will domestic violence affect my child’s custody?

Courts decide on custody based on the best interests of the child. Custody can be granted or alternatives like visitation based on specific situations. If it’s good for the child, the court can grant an abusive parent visitation or custody. This applies when the abuse was directed to the other parent and not the child. However, having good legal representation can increase the chances of a favourable outcome.

How can I save money in family law matters?

While legal representation may seem like an unnecessary cost, it can be the difference between a fair and unfair outcome in settlements, custody, and related matters. A family lawyer will help you get what’s rightfully yours.

What’s more, seasoned family lawyers offer FREE consultations. You can take advantage of such offers to understand your case and decide if you need representation or not. It also helps to have your story together beforehand to avoid wasting time. This applies mostly to lawyers who charge an hourly rate.

What are my obligations in regards to disclosure?

Every party must provide the other party (as well as the court) all information relevant to the case. Cases involving financial issues are also subject to complete and frank disclosure in addition to general disclosure.

Can I pursue alternative dispute resolution?

Relationship disputes are uncomfortable. However, they are inevitable in separation processes making it harder for out of court agreements. You can pursue alternative dispute resolution like mediation representation. However, when such efforts fail, court processes are the way forward.

How can I negotiate the best property settlement?

Depending on factors like the size of the property pool in question and both parties’ contributions, judges decide the best possible settlement. To get the best possible outcome, you need a good family lawyer to present a strong case for you. Good legal representation is crucial if you want to avoid unfair outcomes and other costly eventualities.

Mediation has failed. What should I do?

If mediation fails, you can pursue other alternatives before going to court. To increase chances of a successful mediation, efforts should be made to show the other party what they stand to lose in a court process. A good family lawyer can craft strategies for avoiding court processes. However, when all alternatives fail, court proceedings may be inevitable.

Important: Every case is unique. Mediation isn’t recommendable in some cases. You should attempt to mediate on parenting-related matters unless there is an exemption such as domestic violence.

My child has a health condition. How will this affect child custody?

Disputes over child custody can be based on a child’s health. In such instances, the court will favour the parent that is most capable of offering the child the care they need. The better able to provide for the child’s specific needs and health related issues has a higher chance of getting custody than a parent who isn’t able to do so.

My child has been taken without permission. What should I do?

Do you have parenting orders? If the other parent disobeys such orders by taking the child without permission, failing to return them, etc., you should talk to a family lawyer. You can go to court and seek a recovery order if other avenues such as mediation from family members don’t work.