Delta Legal

©2017 Delta Legal

Delta Legal lawyers provide quality service and sound legal advice in areas of family law including: property settlements, child and child support, spousal and partner maintenance, restraining orders, superannuation splitting, binding financial agreements, representation in Family Court proceedings and divorce.

Family Law Perth Lawyers

Whether you require once-off legal advice or legal representation in Family Court proceedings, our Family Law Perth lawyers have the experience to assist you.

As dedicated family law lawyers, we devote ourselves to building and maintaining strong and lasting client relationships. Our aim is to provide you with the high quality and cost effective service.

We could also provide you with guidance if you are representing yourself in Family Law matter.

We deliver legal services that are:

  • professional;

  • cost-effective; and

  • outcome focused.

This means that there are no hidden surprises – our clients know exactly what work will be completed and how much it will cost. Our aim is to simplify the process and minimise the stress. As a client focused Perth law firm we provide personalised and affordable legal representation, tailored to your unique situation, with frequent communication to keep you informed of the status of your case during this process.

If you are not sure about your family law rights or not sure if you need to engage a family lawyer, we recommend that you contact us for a Free brief introductory telephone consultation.

De-facto relationships

A de facto relationship is defined as a genuine domestic relationship with another partner for a period of at least two years.

Legally, de facto couples have available to them the same remedies as married couples except in relation to superannuation, which cannot be split in Western Australia.

 

The children of de facto relationship are treated by the Family Court same as those of married couples. 

Spousal maintenance can be available for both marriage and de facto relationships.

Divorce

You can apply for the divorce if you have been separated from the other party to the marriage for 12 months. It is possible for you to live separately “under the one roof” but in that event it will be difficult to prove to the Court that separation has indeed occurred. In that case you will have to provide independent evidence of the breakdown of your relationship.

 

The Court would take in consideration all the circumstances like - which bedroom do you sleep in, do any common financial accounts still exist, do you still go out together socially, do your friends and family know you have broken up etc.

 

Either party can make an Application for Divorce to the Family Court of Western Australia in their own name or jointly. The fee is payable to the Court upon filing the Application.

 

Consent Orders

Consent Orders are agreements made between separated or divorced couples that have been formalised by the Family or Federal Magistrates Court.

These agreements may include: property settlement, children's issues or spousal maintenance.

 

Consent orders may be sought by separated or divorced couples who have agreed on these matters and want to formalise their agreements and would like to avoid litigation in Court or are in already involved in Court litigation but have come to an agreement on certain issues and wish to avoid further litigation.

 

Property settlement

Whether you are married or de facto, if your relationship has come to an end, you’ll have to decide how to divide your assets. 

There is no automatic presumption of an equal division of property and only the Family Court can tell you what you are “entitled” to.

The Court will consider the extent of the asset pool to be distributed; the financial and non-financial contributions of both parties; and their respective future financial needs.

 

Superannuation splitting

Superannuation is now regarded as property which can be divided when a marriage breaks down. However, this does not yet apply to de-facto relationships in Western Australia.

 

Binding financial agreements/Pre-nuptial agreements

As much as you might be reluctant to sign a prenuptial agreement at this time in your life, you may be pleased that you did.

Financial agreements are meant to indicate clearly the manner in which the two partners coming together in marriage or de facto relationship will split the property in case of separation.

 

A well-drawn up agreement should stipulate exactly who gets what and who owes what and in that way in the event of a breakup or divorce you would avoid lengthy and expensive legal proceedings.

Financial Agreement is legally binding and can be used in a court of law only if it signed by the two parties who independently received the necessary legal and financial advice before signing it.

 

Children

The future care and living arrangements of the children is one of the most important decisions parents face following the breakdown of a relationship.

You and your former spouse may agree on arrangements for the children following advice from a solicitor, or attending mediation, counselling or Alternative Dispute Resolution (ADR).

If even after engaging ADR it is impossible to reach an agreement about the parenting orders parties can apply to the Family Court.

In making parenting orders the object of the Family Courts is to promote the best interest of the children.