We understand that the breakup of a relationship can be an extremely stressful time, causing people to experience a wide range of emotions. With the backing of many years’ experience in family law matters, our lawyers understand the issues you are facing and are ready to help you through this difficult time by offering practical and professional advice to our clients. Whether you are seeking initial advice to understand the legal consequences of a break up of your relationship or you require legal representation in the Family Court, our lawyers will always strive to make the process as easy as possible for you.
Aspects of family law:
• Divorce and Separation
• Property and Financial Settlement
• Applications for Consent Orders
• De Facto Relationships
• Parenting Orders
• Family Violence Restraining Orders (FVRO)
Divorce and Separation
Separation, in a marriage or defacto relationship situation, is undoubtable one of the most difficult and stressful time for everyone involved. Our lawyers understand the importance of family and endeavour to achieve the best outcome for you.
Did You Know?
In Australia, divorce and separation are two different legal issues.
A married couple that separate can only seek an order for Divorce from the Family Court after they have been separated for at least 12 months.
However, you can reach a Financial Settlement or Parenting Orders at any time after separation.
Vibe Legal can offer you legal advice in relation to Divorce following separation.
Following separation, it is usually appropriate (though not always) for the parties to divide their assets, liabilities and financial resources.
If you and your former partner cannot agree on how your assets should be divided, then it may be necessary to have the matter heard in the Family Court, where a Judge or Magistrate will decide what will happen.
However, in our experience the majority of financial settlements are achieved through negotiation and mediation, and without the expense of Family Court proceedings (See Consent Orders and Mediation).
Vibe Legal can offer you legal advice in relation to Financial Settlements on separation.
Our Lawyers will make every effort to facilitate a timely and cost effective Financial Settlement for you.
Spousal/Partner Maintenance is separate from child support or child maintenance. Spousal/Partner Maintenance is to assist a person to support themselves financially following separation, where the other party has the financial capacity to provide that assistance.
If you are experiencing immediate financial hardship following separation, it is possible to apply to the Family Court for urgent Spousal/Partner Maintenance.
Vibe Legal can offer you legal advice in relation to Spousal/Partner Maintenance on separation.
De Facto Relationships
Couples in a De Facto relationship, on separation, often face similar issues to those faced by married couples. The Family Court of Western Australia has jurisdiction to make Financial Settlement Orders and Parenting Orders following the breakup of a De Facto relationship. However, it is not always easy or straight forward to determine if you are in a De Facto relationship and what should happen to your assets on the breakup of your De Facto relationship.
Vibe Legal can offer you legal advice in relation to your De Facto relationship on separation.
Applications for Consent Orders
On separation, the parties involved are always encouraged to negotiate an amicable resolution between themselves, with regard to Financial and Parenting matter (where applicable). If you are able to reach an amicable settlement after separation, it is possible to record the details of the settlement in a Consent Order, which can be filed at the Family Court.
The benefits of filing a Consent Order with the Family Court include:
• Potential stamp duty savings on the transfer of property between the parties; and
• The ability to enforce the terms of the settlement in the future, if one party does not comply with the settlement.
Consent Orders can be filed with the Family Court without requiring you to attend court.
Vibe Legal can offer you legal advice in relation to Consent Orders on separation.
Following separation, the majority of people want to get the legal issues arising from their separation resolved as quickly as possible and move on with their lives. The Court process can be slow and involve significant costs. Mediation between the parties, at the right time, can often lead to a timely and cost-effective settlement.
We encourage our clients, when appropriate, to consider Mediation as a viable option for reaching a settlement. If you reach a settlement at Mediation, you can file a Consent Order with the Family Court (See Consent Orders).
Vibe Legal can offer you legal advice in relation to Mediation on separation.
Family Violence Restraining Orders (FVRO)
A Family Violence Restraining Order is an order made (usually by the Magistrates Court) to protect a person (in a family relationship such as marriage or de facto relationship or in a family type relationship with another person) if the other person commits violence towards them and/or their family, threatens them or their property, harasses or intimidates them and they think it will continue.
Vibe Legal can offer you legal advice in relation to Family Violence Restraining Orders and Violence Restraining Orders.