Family Lawyers Perth

 

Dealing with divorce, separation and other family matters can be an extremely stressful and an emotional experience for everyone involved. At Klimek and Wijay, we understand this is a difficult time, and are here to provide you the right advice to help you and your family achieve the best outcomes.

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As Family Law professionals, we will advise you on the relevant laws, explain how the law applies to your specific situation and work with you to develop an effective strategy When a legal issue arises, it is important to get advice from a professional family lawyer. It is important to know where you stand to consider all your options. Seeking advice from friends and family can give you great emotional support, however when dealing with the law it is crucial to remember the great amount of information that only a lawyer will be able to provide.

When dealing with family disputes, it is often difficult to know where to begin. Not only do you have to deal with your own emotions and concerns, you will also have to deal with complicated and confusing matters such as assets, children, parenting arrangements and property. All this unknown can cause stress to you and your family, especially when children are involved. This is where we can help.

Family law is a specialist field. At Klimek and Wijay, our lawyers are experts in all areas of family law. Our lawyers are highly skilled at guiding clients through difficult and emotional periods by providing a practical and transparent approach. Our approach aims to minimise the stress of these situations by simplifying the process while keeping you fully informed throughout the entire journey. We will provide an honest assessment, clearly outlining your rights, entitlements, expected time frame and fees. Our family lawyers in Perth will always endeavour to not only look after your best interests, but the interests of your entire family.

In most family law cases, both parties often prefer to settle out of court. Our lawyers are extremely capable in handling negotiations and ensuring agreements are reached, without proceeding to trial. If in any case an agreement cannot be reached, we will represent and prepare you for what is to be expected in court and what the likely outcome will be.

A consultation with one of our lawyers is the first step for you to understand where you stand and what your next move should be.
Please Contact us on 08 9221 5775 for a free 15-minute consultation.

De Facto Relationship
Are you or were you in a de facto relationship? This can often be a hard question to answer and is a common issue for de facto family law matters in Western Australia.
To determine whether your relationship is, or was, de facto the Family Court will likely consider these matters:

● The length of your relationship.
● If you cared for or supported children.
● Living arrangements.
● The extent of financial dependence, independence and financial arrangements.
● Property ownership.

Usually, you would have lived together for at least two years, unless there is a child of the relationship. Under de facto family law your legal rights are similar to those of a married couple. For example, you may be entitled to property and spousal maintenance.
The above are just some indicators as to whether the de facto relationship exists or existed. Our family lawyers in Perth will be able to determine if you qualify as a de facto relationship.

Property Settlement
When a relationship comes to an end, it is necessary to determine how to divide up your financial resources and assets. The term property settlement is used to describe who gets what at the end of a marriage or de facto relationship. The Family Law Act 1975 covers matters related to property such as real estate, money in the bank, investments, superannuation, business interests and household contents. Reaching a property settlement can be confusing and at times stressful. At Klimek and Wijay our lawyers specialise in property settlements for married and de facto relationships. The advice you can expect from us will be both personal and practical, tailoring our strategy to your needs.
We will advise you so that you are fully aware of your entitlements, rights and the process ahead.

Child and parenting issues / custody
Cases involving children are complex and need to be approached in a sensitive manner. Our Perth Family Lawyers are highly qualified to advise you on the best way to protect the welfare of you and your children. Our lawyers will handle your affairs with compassion and dignity, supporting you throughout any child custody matter. Rather than attempting to take on a child custody matter by yourself, Klimek and Wijay will be by your side throughout the process.
To speak with one of our skilled Family Lawyers, please contact our Perth office today.

Child Support
The Child Support Act states that the primary carer of the child or children is entitled to make a claim for child support from the other parent. The Child Support Agency will asses the amount of support that should be provided and is responsible for determining your child support arrangements.
These arrangements are based on the number of children, their living arrangements and each parent’s income.

Spousal and partner maintenance
‘Spousal Maintenance’ is a term used to describe ongoing financial support from one partner to the other. Under the Family Law Act, both partners have a responsibility to support each other, even after they are divorced or separated. Maintenance is payable after a couple has separated, if the former partner is unable to support themselves and the other has the capacity to pay the money in support.
The court will consider the following when deciding the extent of support.
● One spouse is unable to meet his or her own needs adequately.
● The other spouse has the capacity to pay.
● Your age and health.
● Your financial resources, income and property.
● Your ability to work.
● If any children live with either spouse.
● If your marriage has affected either partners ability to earn an income.

Spousal maintenance applications are required to be made within 12 months of the divorce being finalised. Late applications will not always be granted as it requires special permission from the court.
Our Perth Family Law firm is experienced in dealing with unique maintenance matters and our accomplished solicitors can help you through your difficult situation.

Financial agreements
A financial agreement is a written agreement or contract between two or more people that defines how the parties want to divide their financial resources if the relationship ends.
The intentions of financial agreements are to avoid court in respect of property matters.

Under the Family Law Act 1975 a financial agreement can be entered before, during or after a relationship has ended.
Under Section 90D of the Family Law Act, financial agreements cover the following:
● Division of property.
● Finances and debts after a marriage breakdown.
● Superannuation.
● Spousal maintenance.
● Other incidental issues.

Both parties must have received independent legal and financial advice and signed the agreement before it can become legally binding. If you need help deciding whether you need a financial agreement contact one of our family lawyers in Perth for a free consultation.

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