At HHG Legal Group, we pride ourselves on being one of Western Australia’s most trusted family law firms. We have been assisting individuals and families for over 100 years, with offices in Perth, Joondalup, Mandurah, Bunbury and Albany. When dealing with a family law matter, you need legal professional advice that you can trust, and that will help you make fully informed choices about which course of action to take. Our Perth & WA family lawyers are here to support you through the legal process and have the resources, experience, and expertise to help you achieve the best possible outcome.
OUR PERTH FAMILY LAWYERS CAN HELP YOU WITH:
- Alternative dispute resolution
- Asset Protection
- Binding Financial Agreements (also known as a prenuptial agreement)
- Consent agreements
- Child abduction
- Child custody and parenting arrangements
- Child relocation
- Child support
- De facto relationships
- Financial settlements
- Property Settlements
- Restraining orders and injunctions
- Setting aside orders or agreements
- Superannuation Splitting
HOW DO WE HELP OUR CLIENTS?
Our experienced family lawyers will discuss your matter, the relevant legal issues, and your objectives with you in an initial consultation. At the conclusion of this appointment, you will be provided with an understanding of your rights, entitlements, and your pathway forward.
We can provide you with legal representation that suits your needs. This includes formal representation with full involvement with your matter, or limiting our involvement to focus on a key area of your matter.
MARRIAGE VS DE FACTO
According to the Australian Bureau of Statistics, in comparison with figures from 20 years ago, Australians are marrying later, with a 16% increase in the number of couples choosing to live together before getting married. In addition, in 2020, there was a 30.6% decrease in marriages being registered in Australia. This is the largest annual marriages decrease ever reported by the ABS.
Therefore, de facto relationships are becoming increasingly common and more Australians are living in de facto relationships than ever before.
Our highly qualified family and de facto lawyers can assist you during the breakdown of your marriage, or the breakdown of your de facto relationship.
If you are concerned as to your rights as a partner within a de facto relationship, get in contact with our experienced team of family and de facto lawyers at any of our offices located conveniently throughout WA.
Many family law matters are resolved and formalised using an appropriate agreement outside of court. Depending on the nature of your circumstances, the resolution can be formalised through filing an Application for Consent Orders, entering into a Financial Agreement, a Child Support Agreement, or an informal agreement.
There are strict timeframes that must be adhered to. If you are married, you must resolve your matter or commence proceedings before the 12-month limitation period expires after a divorce order takes effect. If you are in a de-facto relationship, you must resolve your matter or commence proceedings before the 2-year limitation period expires following the date of your final separation.
If you do not agree with the various proposals presented and exchanged to resolve your matter, you may need to participate in a dispute resolution process. This can involve family mediation, conciliation, arbitration, family dispute resolution, or negotiations.
If you are involved in family law proceedings, then you can always reach a resolution up until a decision is made by the Family Court officer presiding over your case. Your agreement can then be formalised through filing a Minute of Consent Orders or by entering into such other appropriate agreements.
You should promptly seek independent legal advice about your rights, obligations, prospects of success, and representation at various stages in relation to your matter.
There are restrictions on the publication of family law proceedings. It is unlawful (subject to exceptions) to publish any information that can identify any person who is involved a family law proceeding or is otherwise connected to the proceedings.
If anyone does share information that includes confidential information, they could be committing a serious offence.
You can ask the Family Court set aside a decision made by a judge or magistrate. However, you will need to identify valid grounds for your appeal. This means you will need to demonstrate that there has been a significant error of law or fact. This is not an opportunity to ask the relevant Court to rehear your case.
It is important to remember that an appeal does not stop the operation of your Family Court Orders.
If you are considering making an appeal, you should seek independent legal advice about the timeframes involved to lodge your appeal, your rights, obligations, prospects of success, the prospects of costs being awarded against you, and representation.
If your agreement has been finalised or a Family Court Order has been made and the other person is not complying, you do have options. You may need to seek enforcement or pursue a contravention application.
If the circumstances of your matter have changed, there is the ability to update your agreement or Family Court Order. They can be varied or new ones can be drafted depending on the change in circumstances. This can be done by a mutual agreement or by the Family Court.
The costs involved in a family law matter depend upon the individual circumstances of the case, including the level of complexity. We believe in full transparency with our clients. All of our clients are fully aware of what their costs are and likely to be. We provide our clients with up-to-date information on their costs at all stages of the process.
If you wish to be provided with an estimate of fees, contact one of our offices in Western Australia and book an initial fixed fee consultation with one of our experienced family lawyers.
No matter where you are in Western Australia, HHG Legal Group can assist you with your family law matter.
We have offices in Perth, Joondalup, Mandurah, Bunbury and Albany. We have experience representing and advising clients throughout all of Western Australia.
You can send us an enquiry on website or give one of our offices a call. Visit our contact page for further details.
The idea of obtaining a divorce from an uncooperative spouse may feel like an uphill battle. However, you do not need your spouse’s consent to obtain a divorce.
The Family Court of Western Australia is a no-fault jurisdiction. The no-fault principle, established by the Family Law Act 1975, means that the court does not need to know the reason for the divorce, just that the marriage has broken down irretrievably and there is no hope of reconciliation.
To apply for divorce in Australia, you and your spouse must have separated at least 12 months ago. In addition, one of you must be an Australian citizen, or be living in Australia and regard Australia as your home.
However, if you wish to obtain a divorce but you have been married for less than two years, you will also have to participate in counselling to discuss the possibility of reconciliation, prior to making the divorce application.
If a divorce application is made by you alone, you will have to serve a copy of the application on your former spouse and provide evidence to the court that the application has been served and received by the other party. If you do not know the location of your former spouse, you may have to apply to the court for substituted service or dispensation of service. Our family law team can assist you in this regard.
The other party may then file a Response to Divorce if they disagree with any of the information provided on the application or if they oppose the divorce. If you are concerned that your former spouse may have grounds to oppose, do not hesitate to contact our team of experienced family lawyers.
If you require any information in relation to the above, or wish for a family lawyer to assist you with your application for divorce, do not hesitate to contact our office.
Divorce is a very difficult process, especially after a long marriage and when there are children of the relationship.
It is important to engage a family lawyer to provide you with advice tailored to your individual circumstances and needs. It is also desirable to engage a lawyer with a wealth of knowledge and experience, who is an expert in the specific area of family and de facto law.
Our team of family lawyers have a wealth of experience about the necessary requirements and details of the divorce application. Our family lawyers are also experts in this area should your former partner oppose the application.
If you need realistic, accurate, and pragmatic legal advice about your situation, our family lawyers are here to help you define your future.
We understand that going through a relationship breakdown or other family law issues can be a very difficult time. You can be confident knowing that our family law team will find the best possible outcome for you.
For more information about how we can assist you, or arrange a confidential discussion, please visit our contact page to submit an enquiry or reach out to your preferred office directly. We have offices in Perth, Joondalup, Mandurah, Bunbury and Albany. We have experience representing and advising clients throughout all of Western Australia.
- Collaborative Law
- De Facto Relationships
- Fixed Fee Separation
- Misconduct Restraining Orders
- Negotiations and Mediations
- Parenting Plans
- Readiness Hearings
- Separation and Nullities
- Setting Aside Property Settlement
- Setting Aside Binding Financial Agreements
- Spousal Maintenance Applications
- Spousal Maintenance Orders
- Surrogacy Arrangements, Agreements and Compliance with Surrogacy
- Surrogacy Plans and Advice
- More Family Law Publications