Here are some recent case studies from our files.

We encourage you to speak to us before taking any action. Call us on 9443 1111

A BINDING FINANCIAL AGREEMENT


Facts:

In a recent case of ours, a woman approached us seeking legal advice. In this case, she had been pressured to accept an agreement, due to current financial constraints. The husband had sought to formalise their agreement by way of a Binding Financial Agreement.

NB: Unlike Form 11 Applications for Consent Orders that are filed with the Family Court of Western Australia for the purpose of formalising property settlement, Binding Financial Agreements are not required to be considered “just and equitable”.

For this reason, Binding Financial Agreements are often preferred by parties that have an agreement that is unlikely to be approved by the Family Court as a result of not being within the scope of a “just and equitable” outcome.

In this case, during the parties’ marriage, her husband had been the primary income earner, whilst the wife had been the primary homemaker and parent. She had received significant inheritances during the marriage. Her husband had been earning over $200,000 per year whereas she had not had gainful employment in over 10 years. The proposed agreement reflected an equal division of the property pool.

Outcome:

After securing legal advice from one of our experienced family lawyers, the wife was made aware that the agreement been being pressed by the Husband did not fall within the scope of a “just and equitable” outcome, i.e., she would have received less than her true entitlements. She proceeded on our advice and, with our assistance, was successful in renegotiating a significantly more favourable outcome, resulting in receipt of an additional $100,000 from the asset pool available for division.

Family Law is a very complex area of law and often people make decisions based on hearsay information. It is always best to seek professional advice from an experienced Family Lawyer before making any decisions to act on a matter that may result in losing far more than you would have ever thought possible.

PARENTING ORDERS -  change of living arrangements for children.


Facts:

A separated couple had previously obtained final parenting orders by consent after some litigation, approximately 5 years earlier. The orders provided for the mother to have primary care of the children and the children to spend time with the father during school holidays. The parents lived in different towns in Western Australia.

The father learned that the mother was possibly using illicit substances, struggling financially, and exposing the children to family violence. In the mean-time the children’s school had made a report to the Department of Communities.

The father sought a change in primary care, with the effect of the children relocating their primary residence to the father’s town to reside with him.

Outcome:

After obtaining legal advice from one of our lawyers, the father successfully re-opened proceedings in the Family Court of Western Australia.

The parties attended a Case Assessment Conference, and the children were interviewed by a Family Consultant of the Family Court.

With our assistance, the father was successful in negotiating new consent orders that allowed the children to relocate to reside with him primarily and spend holiday time with the mother.

Note: To re-open parenting proceedings after a final order has been made, it is necessary to establish that there has been a substantial change in circumstances to warrant proceedings being recommenced.

Often this can be established as a result of new circumstances of risk being posed to the children, such as what had occurred in this matter.

If you or someone you know is experiencing a similar situation please call us, as we can help.

Call us today on 9443 1111 and
let us help you change your tomorrow.