A Form 13 Financial Statement is filed in any cases involving financial issues, including property settlement matters, spousal maintenance, child support and at times children’s cases. If when you complete the Form, it does not allow you to provide all of the information to enable you to make full disclosure, you should file an Affidavit including the further information. At Perth Family Lawyers we have noted some consistent errors in Form 13 Financial Statements to
At Perth Family Lawyers we are equipped to provide you with expert legal advice in respect of children’s issues. Significant changes were made to the family law legislation in 2006. One such change included a terminology change from ‘residency’ to ‘lives with’ and from ‘contact’ to ‘spends time with’. Further, the amendments to the legislation brought about a presumption at law of equal shared parental responsibility. This is NOT to be confused with a presumption
The Family Court does not, except in very limited cases, have a role to play in the determination of child maintenance. Applications for child support may be made through the Child Support Agency for an eligible child under the age of 18 years and not a member of a couple. The child support agency calculates the annual rate of child support payable by using the formula prescribed by the legislation. Details of this formula can
The Department of Child Protection (DCP) is the government agency which is responsible for protecting children in the State of Western Australia. Where parties have been contacted by the DCP in respect of their children, legal advice should be immediately obtained regarding the matter. Will DCP take my child away? In most circumstances DCP will work closely with the parents in order to resolve any issue about what the problem is and what needs to happen to
To sell or not to sell can be an important question in Family Law. Have you separated and are you considering retaining assets that if sold would result in a Capital Gains Taxation Liability? If so, you should consider that the CGT Liability is likely not to be considered a ‘liability’ of the marriage by the Court in determining an appropriate distribution of the asset pool between you and the other party. That said, if
Social media has become an integral part our daily lives. Most of us utilize one form of social media whether it be Facebook, YouTube, Instagram or Twitter. Our online profiles can disclose many details about our personal lives including our photographs, age, relationship status and even current location. Although there may be positives in using social media generally it is important to remember that if you are in the midst of any Family Court matter
If Perth Family Lawyers are representing you at Court, you should enquire from our offices as to whether you are required to attend the Court hearing personally. There are some occasions where your personal attendance is not required as the Court event may be procedural in nature, and your lawyer from Perth Family Lawyers will appear on your behalf. If you are required to attend, please note that the Family Court of Western Australia is
Should I enter into a Binding Financial Agreement (or Pre-Nup)? The High Court of Australia has recently made a judgement on a case which has shocked the entire family law network. On 8 August 2017, the High Court of Australia heard an appeal in the matter of Thorne v Kennedy HCA 49, in relation to the validity of a Binding Financial Agreement (BFA). A BFA, also commonly referred to as pre-nuptial agreement, or pre-nup, is an agreement

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